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FAQ

POLICIES

Frequently Asked Questions

Once payment is received, a link will appear on the purchase page to download files. In addition, a download link will be sent to your e-mail address provided.

Due to the digital nature of the items I sell, I do not offer returns, exchanges or cancellations. Please contact us if you have problems, we are always willing to help!

PRIVACY POLICY

 

Welcome to www.JENLYNNStockShop.com (the “Site”), a website operated by JenLynn Photography, LLC (“Company,” “us,” “our,” and “we”). We are committed to maintaining robust privacy protections for our users. We provide the Site and services provided through the Site (the Site and services will be collectively referred to as the “Services”). Our Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using our Service. 

 

By accepting our Privacy Policy, you consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy.

 

Types of Data We Collect

 

We collect “Non-Personal Information” and “Personal Information.” Non-Personal  Information  includes information  that  cannot  be  used  to  personally  identify  you,  such  as anonymous  usage  data,  general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. “Personal Information” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, email address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.

 

Children’s Online Privacy Protection Act

 

We do not intentionally gather Personal Information from visitors who are under the age of 13.

 

Information You Provide to Us

 

We may collect Personal Information from you, such as your first and last name, email and mailing address, phone, and password when you create an account to log in to our network (“Account”).When you subscribe to the Services on our Site, our payment processor will collect all information necessary  to  complete  the  transaction,  including  your  name,  credit  card  information,  billing information, and direct deposit information.We  retain  information  on  your  behalf,  such  as  files  and  messages  that  you  store  using  your Account.If you provide us feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email, in order to send you a reply.When  you  participate  in  one  of  our  surveys,  we  may  collect  additional  information  that  you knowingly provide.When you post messages on the Services or on a Social Media Site (“SMS”) where we have a page or presence (collectively “SMS Pages”), the information contained in your posting may be republished on our Site and other users may be able to see them.We are committed to keeping  your email  address confidential, if you  provide it  to  us. We do not sell, rent, or lease our subscription lists to third parties. We will not disclose your email address to any third parties except as expressly allowed in this Privacy Policy.We will maintain the information you send via email in accordance with applicable federal law.In compliance with the CAN-SPAM Act, all emails sent from our organization will clearly state who the email is from and provide clear information on how to contact the sender. In addition, all email messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us. Our emails provide users the opportunity to  opt-out  of  receiving  communications  from  us  and  our  partners  by  reading  the  unsubscribe instructions  located  at  the  bottom  of  any  email  they  receive  from  us  at  anytime.Users  who  no longer  wish  to  receive  our  newsletter  or  promotional  materials  may  opt-out  of  receiving  these communications by clicking on the unsubscribe link in the email.

 

Information Collected via Technology

 

In an effort to improve the quality of the Service, we reserve the right to track information provided to us by your browser or by our software application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our Services, both on an individual and aggregate basis.We may  also  use  third  party  analytics services  such  as  Google  Analytics or Google  Adsense to collect  information  about  how  you  use  and  interact  with  our  Services.  Such  third-party  analytics services may use cookies to gather information such as the pages you visited, your IP address, a date/time stamp for your visit and which site referred you to the Site.We  reserve the  right  to  use  technological  equivalents  of  cookies,  including  social  media  pixels. These pixels allow social media sites to track visitors to outside websites so as to tailor advertising messages  users  see  while  visiting  that social  media  website. We  reserve the  right  to  use  these pixels in compliance with the policies of the various social media sites.Some  content  or  applications,  including  advertisements,  on  the Site are  served  by  third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third  parties  may  use  cookies  alone  or  in  conjunction  with  web  beacons  or  other  tracking technologies  to  collect  information  about  you  when  you  use  our  website.  The  information  they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online  services.  They  may  use  this  information  to  provide  you  with  interest-based  (behavioral) advertising or other targeted content.We do not control these third parties' tracking technologies or  how  they  may  be  used.  If  you  have  any  questions  about  an  advertisement  or  other  targeted content, you should contact the responsible provider directly.

 

Use of Your Personal Information

 

In general, Personal Information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Information in the following ways:

 

to facilitate the creation of and secure your Account on our network;to identify you as a user in our system;to provide improved administration of our Services;to provide the Services you request;to improve the quality of experience when you interact with our Services;to send you a welcome email to verify ownership of the email address provided when your Account was created;to send  you  administrative  email  notifications,  such  as  security  or  support  and  maintenance advisories;to respond to your inquiries related to employment opportunities or other requests;to send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes including those of third parties; andto perform marketing or data analysis. 

 

If you opt to receive any free resources, participate in any free training programs, register for a webinar, register for a live event, register for a seminar, or purchase any products sold by us on this Website, we will only enroll you to receive our free email newsletter if you affirmatively consent to it. If you do not wish to receive this  newsletter,  you  can  unsubscribe  anytime. We include an “unsubscribe” link at the bottom of every email we send. If you ever have trouble unsubscribing, you can send an email to the email address provided below in order to request to unsubscribe from future emails. 

 

Use of Non-Personal Information

 

In general,  we  use  Non-Personal  Information  to  help  us  improve  the  Service  and  customize  the  user experience. We also aggregate Non-Personal Information in order to track trends and analyze use patterns on the Site. This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers and other third parties at our discretion.

 

If our information practices change at any time in the future, we will post the policy changes to the Site so that you may opt out of the new information practices. We suggest that you check the Site periodically if you are concerned about how your information is used.

 

Location-Based Data

 

We  make  use  of  location-based  data  for  our  website  to  connect  you  with  other  users  near  you  that can either offer or are in need of the Services. If you choose not to allow us to access your location, some or all functionality may not be available to you.

 

Disclosure of Your Personal Information

 

As  a  general  rule,  we  do  not  sell,  rent,  lease  or  otherwise  transfer  any  information  collected  either automatically or through your voluntary action.We may disclose your Personal Information as described below and as described elsewhere in this Privacy Policy.

 

Third Party Service Providers. We may share your Personal Information with third party service providers to: provide you with the Services that we offer you through our Site; to conduct quality assurance testing; to perform marketing; to run data analysis; to facilitate creation of accounts; to provide technical support; and/or to provide other services to you.

 

Other Disclosures. Regardless of any choices you make regarding your Personal Information (as described below), we may disclose Personal Information if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on us; (c) to protect or defend our rights or property, or the rights or property of users of the Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or Terms of Use.

 

Links to Third Party Websites

 

As part of the Service, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they  contain.  This  Privacy  Policy  applies  solely  to  information  collected  by  us  through  the  Site  and  the Service.  Therefore,  this  Privacy  Policy  does  not  apply  to  your  use  of  a  third  party  website  accessed  by selecting a link on our Site or via our Service. To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites before proceeding to use them.

 

Your  Rights  Regarding  the  Use  of  Your  Personal Information

 

You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional  communication  to  a  user,  the  user  can  opt  out  of  further  promotional  communications  by following  the  unsubscribe  instructions  provided  in  each  promotional  email.  If  applicable,  you  can  also indicate that you do not wish to receive marketing communications from us in the “Settings” section of your Account. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out in the Settings section of your Account, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Policy.

 

Security of Your Personal Information

 

We  implement  security  measures  designed  to  protect  your  information  from  unauthorized  access.  Any  account  you have with our Site is  protected  by  your  account  password  and  we  urge  you  to  take  steps  to  keep  your  personal information safe by not disclosing your password and by logging out of your account after each use. We further  protect  your  information  from  potential  security  breaches  by  implementing  certain  technological security measures However, these measures do not guarantee that your information will not be accessed, disclosed,  altered  or  destroyed  by  breach  of  such  firewalls  and  secure  server  software.  While  we  use reasonable efforts to protect your Personal Information, we cannot guarantee its absolute security. By using our Service, you acknowledge that you understand and agree to assume these risks.

 

Visitors’ GDPR Rights

 

If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation (the “GDPR”). Those rights include the following:

 

We will retain any information you choose to provide to us until one of the following happens: (a) you ask us to delete the information, (b) we decide to cease using our existing data providers, or (c) we decide that the value in retaining the data is outweighed by the costs of retaining it.You have the right to request access to your data that we store and the rights to either rectify or erase your personal data.You have the right to seek restrictions on the processing of your data.You have the right to object to the processing of your data and the right to the portability of your data.To the extent that you provided consent to our processing of your personal data, you have the right to withdraw that consent at  any time, without affecting the lawfulness of  processing based  upon consent that occurred prior to your withdrawal of consent.You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the GDPR.We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.

 

Changes to This Privacy Policy

 

We  reserve  the  right  to  change  this  policy  and  our  Terms  of  Service  at  any  time.  We may notify  you  of significant changes to our Privacy Policy by sending a notice to the primary email address specified in your account or by placing a prominent notice on our site. Significant changes will go into effect 30 days following such notification. Non-material changes or clarifications will take effect immediately. You should periodically check the Site and this privacy page for updates.

 

Contact Information

 

If you have any questions regarding this Privacy Policy or the practices of the Site, please contact us by sending an email to info@JENLYNNstockshop.com.

 

Last Updated

 

This Privacy Policy was last updated on June 22, 2020.

 

 

TERMS OF USE

 

Welcome to www.JENLYNNstockshop.com (the “Site”), a website operated by JenLynn Photography, LLC (“Company,” “us,” “our,” and “we”). We provide the Site and the services provided through the Site (the Site and services will be collectively referred to as the “Services”). 

 

These Terms of Use (“Agreement”) set forth the legally binding terms for your use of the Services. By accessing or using the Services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Services. You may not access or use the Services or accept the Agreement if you are not at least 18 years old. 

 

Privacy Policy 

 

The Company respects the privacy of its Service users. Please refer to our Privacy Policy, linked in the footer of our website, which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy. 

 

Accounts

 

Account Creation. In order to use certain features of the Services, you may need to register for an account with us (“your Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. We may suspend or terminate your Account in accordance with the Terms and Termination.

 

Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

 

Site Transactions

 

In order to purchase any product or service made available through the Site, you might be asked to provide certain information relevant to your order. Such information may include your credit card number, the expiration date of your credit card, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of orders initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

 

We reserve the right to refuse any order that you place with us. Therefore, we may prohibit orders that appear to be placed by dealers, resellers or distributors. If we refuse your order, that order will be refunded in full. We also reserve the right, in our sole discretion, to limit or cancel quantities purchased per person, per household, or per order. These restrictions can include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. If we exercise this right and make a change to or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made. 

 

You acknowledge that all products and materials are non-refundable and not returnable, under any circumstances. All sales are final.  

It is your responsibility to download the product immediately and securely backup all purchases. We are not liable for any loss or damage to products that occur after download or any customer’s inadvertent or mistaken download of a product or free download such customer did not intend to purchase or download, and we will not reimburse you for such downloads. For the safety of your purchase, and to allow for complimentary updates, all emailed links will expire. It is recommended that you immediately download and backup your purchases. We may provide an online account for access as a courtesy, but this should not be relied upon for purchase access.

 

Inaccuracies on the Site

 

Errors, Inaccuracies, and Omissions. Despite our best efforts, our Site may occasionally contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).

 

Colors & Style. While we have made efforts to display the colors and styles of our products as accurately as possible on our Site, we cannot guarantee that your screen's display of any color or style will be accurate.

 

Gift Cards & Certificates

 

All gift cards, e-gift cards and other gift certificates are deemed purchased in and issued from the State of Florida. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.

 

Rights and Licenses 

 

License to Use Site. We grant you a non-transferable, non-exclusive, right to access and use the Services for your personal use.

 

Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive service; and (d) except as expressly stated in these terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services will be subject to the terms of this Agreement. All copyright and other proprietary notices on any Services content must be retained on all copies. 

 

Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, except and if otherwise expressly set forth in these Terms.

 

No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services. 

 

Ownership of the Services. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services, including the Site, are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to the intellectual property rights. We reserve all rights not granted in this Agreement.

 

User Content 

 

User Content. “User Content” means any and all information and content that a user submits to or posts on: (a) the Services and (b) on social networking sites where we have a page or presence. You will own your User Content, with the understanding that you agree that we may use and reproduce the User Content you make available on our social networking sites and on the Services. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. We reserve the right to remove any User Content from the Service at our discretion. 

 

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows: 

 

You are solely responsible for your account and the activity that occurs while signed in to or while using your account; You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; You will abide by our Acceptable Use Policy below; and You affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice. 

 

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service. 

 

License. You grant, and you represent and warrant that you have the right to grant, to us an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. 

 

Acceptable Use Policy. Your permission to use the Services is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances: 

 

post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive; use the service for any unlawful purpose or for the promotion of illegal activities; attempt to, or harass, abuse or harm another person or group; use another user’s account without permission; provide false or inaccurate information when registering an account; interfere or attempt to interfere with the proper functioning of the Service; make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; use the Site or any of its contents to advertise or solicit, for any commercial purpose or to compete, directly or indirectly, with our Service; bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or publish or link to malicious content intended to damage or disrupt another user’s browser or computer. 

 

Feedback. If you provide us any feedback, comments, or suggestions regarding the Services or purchased items (“Feedback”), you assign to us all rights in the Feedback and agree that we will have the right to use the Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and nonproprietary. We will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.  

 

Indemnity. You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorney's’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. 

 

Links to Other Sites and/or Materials 

 

Third Party Sites, Ads and Ad Networks. As part of the Service, we may provide you with convenient links to third party website(s) (“Third-Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Users may also include links to their website or other Third-Party Sites on their listings. These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites and Third-Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third-Party Sites or Third-Party Applications, Software or Content. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.  

 

Links to Our Site. You are permitted to link to our Site for noncommercial purposes, provided that you do so in a way that is fair and legal and does not damage our reputation. You may not link to our Site in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You may not deep-link to any page of this site for any purpose whatsoever unless the link is expressly authorized in writing by us. We reserve the right to withdraw permission for any link. 

 

Release. You release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Service users or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, 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.” 

 

Disclaimers 

 

THE SERVICES, INCLUDING THE SITE, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) THAT THE SERVICES WILL BE TO YOUR SATISFACTION. 

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 

 

Limitation on Liability 

 

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. 

 

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNTS YOU’VE PAID US IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 

 

Term and Termination 

 

This Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Upon termination of this Agreement, all of the provisions will terminate except those that by their nature should survive. 

 

 

 

Copyright Policy 

 

We respect the intellectual property of others and ask that users of our Site and Services do the same. In connection with our Site and Services and in accordance with the Digital Millennium Copyright Act (“DMCA”), we have adopted and implemented a policy respecting copyright laws that provide for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

 

your physical or electronic signature; identification of the copyrighted work(s) that you claim to have been infringed; identification of the material on our Services that you claim is infringing and that you request us to remove; sufficient information to permit us to locate such material; your address, telephone number, and email address; a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. 

 

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. 

 

Our designated Copyright Agent is: 

 

JENLYNN Stock Shop

Attn: Privacy Officer 

Email: jenny@JENLYNNstockshop.com

 

Legal Disputes 

 

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW ANY CLAIMS YOU HAVE AGAINST US WILL BE RESOLVED. 

 

You agree that any claim or dispute at law or equity that has arisen or may arise between you and us relating in any way to or arising out of this or previous versions of our Terms of Service Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section. 

 

Choice of Law. This Agreement is made under and will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles that provide for the application of the law of another jurisdiction. 

 

Claim Limitations. You agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. 

 

Agreement to Arbitrate 

 

You agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of the Terms of Service Agreement, your use of or access to our Services, or any products or services sold, offered, or purchased through our Services will be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court in Polk County, Florida, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. 

 

The arbitration will be conducted by JAMS Arbitration ("JAMS") under its applicable rules and procedures, as modified by this Agreement to Arbitrate. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes. 

 

Your rights will be determined by a neutral arbitrator and not a judge or jury. You understand that arbitration procedures can be more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review in court. 

 

You and we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) the arbitrator will honor claims of privilege and privacy recognized at law; (d) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (e) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (f) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.

 

With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in the county and state referenced above. 

 

General 

 

Changes to Agreement. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any significant changes to this Agreement will be effective 30 days after posting such notice. You are responsible for providing us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. 

 

Copyright/Trademark Information. Copyright © 2020 JENLYNN Stock Shop. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. 

 

Contact Information: Jennifer Busing

JENLYNN Stock Shop

Email: jenny@JENLYNNstockshop.com

 

Last Updated 

 

This Agreement was last updated on June 22, 2020.