Terms & Conditions

Terms and Conditions

JDELSTORE.COM

 

Welcome to Jdelstore! These terms and conditions outline the rules and regulations for the use of Jdelstore’s Website.

Jdelstore is a Limited Liability Company, by accessing this website we assume you accept these terms and conditions in full. Do not continue to use Jdelstore’s website if you do not accept all the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all. 

By using, accessing, or purchasing from Jdelstore which is owned and operated by JIMMY DELIAZARD LLC. You acknowledge that you have read, understood, and agree to the following Terms of Service (Terms of Agreement). If, at any time, you do not agree to these Terms, please do not use this Site. Jdelstore reserves the right to revise these Terms at any time by updating this posting.

If we make material changes to the Agreement, we will notify you by email or via a message posted on the Services. The modified Agreement will be effective thirty (30) days after our notice to you, except for changes that relate to new features or for legal reasons, which will become effective immediately.

Continued use of the Services after providing you such notice; will constitute your affirmative acceptance of the modified Agreement. If you do not agree to or cannot comply with the Agreement as amended, you must stop using the Services. We may cancel your subscription at any time by following the cancellation instructions under your “Subscription Contract.”

As a condition of your use of this Site, you agree that you are at least 18 years of age and that you possess the authority to enter into a binding legal agreement. We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site via a browser. We reserve the right to revise our products, and services available on the Site and to impose rules for and limits on the use of the Site or to restrict your access to part, or all, of the Site without notice. We reserve the right to revoke your access at any time for any reason, including as a result of a violation of these Terms, without notice.

By accessing or using any part of the Site, you accept these Terms, without limitation or qualification. You may not use any portion of the Site if you do not agree with all the Terms. Price information found on this site is subject to change without notice.

If you have any questions regarding the Terms, please email us at contact@jdelstore.com.

We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on the use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.

Use of the Website

No mechanized or other systematic processes for harvesting information from this Site for any purpose, including without limitation, any commercial purpose, is permitted.

Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of this Site is strictly prohibited unless authorized in writing. You further agree not to change or delete any proprietary notices from materials downloaded from this Site. You may print a copy of the information displayed on this Site for your personal use.

That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information obtained by your use of this Site. This restriction means, among other things, that you may not mirror on your website any portion of this Site or display through your website any results pages or other information from this Site without express written permission. For the avoidance of doubt, you acknowledge and agree that your access to and use of the Site does not give you any right to use the name, likeness, image, signature, or any other rights of publicity or intellectual property found on the Site.

We reserve the right to change any information, features, and functions of the Site without prior notice.

We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms and conditions.

You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you.  Whether or not such access to and use of this site is authorized by you, including without limitation. All communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.

You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Jdelstore of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

You may receive emails regarding your account or promotions for special offers, including third-party offers.

You understand and agree that the following non-inclusive list of violations may result in Loot Crate™ terminating or suspending your user account, and/or your access to the Site, and you agree not to engage in any of the following conduct anywhere on the Site:

  • Submit material that is subject to the intellectual property protection of a third party, including without limitation, any material otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you have permission from the owner of such rights to post said material on the Site;
  • Request, demand, or suggest payment for items posted on or to the Site;
  • Use the website as a platform for promotional giveaways;
  • Submit any user data that Loot Crate™, in its sole discretion, advises to be false, inaccurate, misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, obscene, hateful, or racially or ethnically motivated, or otherwise objectionable;
  • Harass, threaten, embarrass or cause distress or discomfort to another Site participant, user, or other individual or entity;
  • Distribute viruses or any other technologies that may harm the Site or the interests or property of our users and partners;
  • Harvest or otherwise collect information, including email addresses, about users or third parties whose information is made available on the Site, without their consent;
  • Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission.
  • Impersonate or misrepresent your affiliation with any person, including without limitation, a Loot Crate™ official or representative, chat or message board leader, guide or host.
  • Disrupt the normal flow of dialogue in a comment section, forum, or chat service, or otherwise act in a manner that negatively affects other participants.
  • Post or transmit any unsolicited advertising or promotional materials other than for items listed on this Site, or post or transmit any other forms of solicitation anywhere on the Site; or
  • Intentionally or unintentionally violate any applicable local, state, national or international law, including without limitation, any regulations having the force of law while using or accessing the Site.

Registration and Membership

 

Monthly you may receive emails regarding your account or promotions for special offers, including third-party offers. You can cancel your membership anytime without charge by contacting Customer Support. Please refer to the Help Center for further details.

 

Cookies

We employ the of cookies. By using Jdelstore’s website you consent to the use of cookies in accordance with Jdelstore’s privacy policy. Most of the modern-day interactive websites use cookies to enable us to retrieve user details for each visit.

Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

License

Unless otherwise stated, Jdelstore and/or its licensors own intellectual property rights for all material on Jdelstore.

You must not:

 

Billing and Payment

By starting your Jdelstore subscription and providing or designating a payment method, you authorize us to charge you on a recurring monthly/3-monthly/6-monthly/12-monthly or per item (depending on your chosen subscription package) subscription fee at the then-current rate. We reserve the right to adjust pricing for our subscriptions in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Service, any price changes to your subscription will take effect following email notice to you.

As a member, you agree to the following benefits and Terms:

You must provide us and keep us up to date with accurate contact and payment information, including name, shipping address, and credit or debit card number. We save your payment information for ease of future shipments and charges. All such personal information is subject to the Privacy Policy. You are responsible for any fees or charges your issuing bank or credit card provider may charge you. If your payment to us is returned for any reason, we may bill your account again directly and seek payment by another method including a mailed statement. Any account changes made after the 5th of each month should not be expected to reflect on the subscription until the following shipping period.

To get Jdelstore to our subscribers as soon as possible, we begin processing shipments prior to the signup cutoff. As a result, all address updates must be made within 48 hours prior to the subscription renewal date (see "Your Subscription Contract" below for renewal date information) to ensure they are correctly reflected on your shipment. Our shipping service does not include the forwarding with your mail to an updated address. Any forwarding fees incurred will not be reimbursed or credited to your subscription.

 

Returns

Refunds for returns will be limited to the product price only and will not include shipping and handling costs incurred at the time of purchase.

 

Risk of Loss

All missing or damaged shipments or items must be reported within 30 days of shipping to qualify for a replacement or refund based on product availability. If the product is available, a replacement will be shipped, and a refund will not be issued or considered. Damaged items must be reported and include a photo in the ticket submission. Damaged items will be reviewed by the support agent and a replacement will be issued only for damaged products and does not cover or include packaging of said item. Blemishes to packaging will not be considered as part of a damaged item. All refunds will be at the discretion of customer support.

 

Copyright

The entire content included in the Site, including but not limited to text, graphics, or code, is copyrighted as a collective work under the United States and other copyright laws and is the property of Jdelstore and is protected by copyright and other intellectual property or proprietary rights.

Trademarks

All trademarks, service marks, and trade names of Jdelstore on the Site are trademarks or registered trademarks of Jdelstore and their Logo or their respective owners.

 

Limitation of Liability

In no event will Jdelstore liability to you exceed the amounts that you paid to Jdelstore in connection with your Jdelstore membership or other purchases made on the Site. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

While Jdelstore takes precautions against security breaches, no website or Internet transmission is completely secure as such. Jdelstore shall not be liable for any damages whatsoever that may result from unauthorized access, hacking, data loss, or other breaches that may occur on the Site.

In the event, a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers. Jdelstore will have the right to refuse or cancel any orders placed for products listed at the incorrect price. Jdelstore will have the right to refuse or cancel any such orders whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled. Jdelstore will immediately issue a credit to your credit card account in the amount of the charge.

Jdelstore has no liability for injury or damage caused by products within the crate. Such liability is the sole responsibility of the product brand or manufacturer.

These Terms apply to you upon your accessing the Site. These terms or any part of them may be modified or terminated by Jdelstore without notice at any time for any reason.

 

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER:

 

Purpose:

This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and Jdelstore. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial.

 

Please read this Arbitration Agreement carefully. It provides that all disputes between you and Jdelstore will be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney's fees, if otherwise authorized by applicable law).

 

For this Arbitration Agreement, "Jdelstore" means JIMMY DELIAZARD LLC and their respective parents, and vendors, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Jdelstore regarding any aspect of your relationship with Jdelstore, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (except for the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced.

 

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT FOLLOWING THIS ARBITRATION AGREEMENT.

 

Pre-Arbitration Dispute Resolution:

For all Disputes, whether pursued in court or arbitration, you must first allow Jdelstore to resolve the Dispute. You must commence this process by mailing written notification to JIMMY DELIAZARD LLC. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If Jdelstore does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

You must initiate any Dispute within one (1) year after such the basis for your Dispute arose, regardless of any statute or law to the contrary. If you do not initiate your Dispute within such one (1) year period, such Dispute shall be time-barred.

 

Arbitration Procedures:

If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or Jdelstore may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.

For arbitration before the AAA, for Disputes of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA's Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration.

Because your contract with Jdelstore, the Terms and Conditions, and this this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award:

The arbitrator may award on an individual basis any relief that would be available under applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Governing Law:

Your use of this Site constitutes your consent and submission to service of process under applicable United States law and your submission to the exclusive jurisdiction and venue of the state and federal courts located in the State of California in New York county, for any legal action or claim about these Terms and Conditions, or arising from the use of this Site, your user account and/or any website content and you hereby waive any defenses such as lack of personal jurisdiction or forum non convenient. These Terms and Conditions will be construed and enforced following the law of the State of California, and without regard to the choice of law principles thereof.

Location of Arbitration:

You may initiate arbitration in either Los Angeles, CA, New York, or in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution. If Jdelstore initiates an arbitration, it may only do so in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution.

 

 

Payment of Arbitration Fees and Costs:

Jdelstore will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given before the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided according to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Jdelstore as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from Jdelstore your actual and reasonable attorney’s fees and costs as determined by the arbitrator.

 

Disputes with other Users:

If you have a dispute with one or more users, you release Jdelstore and from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown including without limitation attorney’s fees, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

 

Class Action Waiver:

The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action, or private attorney general action) unless both you and Jdelstore specifically agree to do so following initiation of the arbitration. Neither you, nor any other Member of Jdelstore and/or user of Jdelstore services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated, or private attorney general proceeding.

 

Limitation of Procedural Rights:

You understand and agree that, by entering into this Arbitration Agreement, you and Jdelstore are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Jdelstore might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, you give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general, an arbitrator’s decision may not be appealed for errors of fact or law.

 

Small Claims Court:

As an alternative to arbitration, you may bring a claim against Jdelstore in a small claims court of competent jurisdiction. Such a claim may be brought in your name only, and not as a class action, representative action, consolidated action, or private attorney general action. No small claims court or other courts shall have the right to consolidate multiple parties’ claims or award relief to any person who is not a direct party to such small claims court proceeding.

Continuation:

This Arbitration Agreement will survive the termination of your contract with Jdelstore and your use of Jdelstore services.

 

Taxes

Your total price will include the price of the products plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states and other territories where the goods sold over the internet are taxable.

 

International Use

We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. All pricing is in United States dollars. Any subscriptions under an incorrect plan will be canceled, and any applicable charges refunded without notice to the subscriber.

 

Notice

Jdelstore may deliver notice to you through e-mail, a general notice on this Site, or by other reliable methods.

 

Captions and Headings

All captions, indices, titles, subject headings, section titles, and similar items in these Terms are provided for reference and convenience only and are not intended to be inclusive, definitive, or to affect the meaning or content of these Terms.

 

 

 

Use of Site

You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Site. Use of the Site for any illegal or unauthorized purpose is strictly prohibited.

 

Indemnification

You agree to indemnify, defend, and hold harmless Jdelstore, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.

 

Severability

If any clause within these Terms including but not limited to, the Arbitration Agreement (and other than the Class Action Waiver clause above), is found to be illegal or unenforceable, that clause will be severed from these Terms, and the remainder of these Terms will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then the entire Arbitration Agreement will be unenforceable, and any Dispute will be decided by a court of competent jurisdiction.

 

Discount Codes

Except as may be explicitly permitted through this site, you agree not to sell, license, rent, lease, modify, distribute, copy, reproduce, publicly display, publish, transfer, edit, catalog, aggregate, or create derivative works from discount codes received on or from this site.

 

Privacy

Registration data and certain other information about you are subject to our Privacy Policy.

You understand that the technical processing and transmission of this Site may involve (a) transmissions over various networks, and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.

 

Third-Party Links: To provide increased value to our visitors, Jdelstore may link to sites operated by third parties. However, Jdelstore has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Jdelstore. These linked sites are only for your convenience, and therefore, you access them at your own risk. Nonetheless, Jdelstore seeks to protect the integrity of its Site and the links placed upon it, and therefore, requests any feedback on not only its site, but for sites, it links to as well (including if a specific link does not work).

Miscellaneous: These Terms constitute the entire agreement between you and Jdelstore concerning your use of the Site. Neither the course of conduct between the parties nor trade practice will act to modify any of these Terms. Jdelstore may assign its rights and duties under this Agreement to any party at any time without notice to you.

 

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by lay in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skills).

Nothing in this disclaimer will:

  • Limit or exclude our or your liability for death or personal injury resulting from negligence.
  • Limit or exclude our or your liability for fraud or fraudulent misrepresentation.
  • Limit any of our or your liabilities in any way that is not permitted under applicable law.
  • Or exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:

  1. Are subject to the preceding paragraph; and
  2. Govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities that arise in contract, tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

 

 

Updated: 03/08/2022

 

 

 

 

 

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