Packaging -All items will be packaged and shipped as carefully and professionally as possible. We encourage choosing to add insurance for deliveries, since we can not be responsible for damages in transit.
Communication Preferences – If you register with this Site, you consent to receiving service messages relating to your account, such as payment confirmations, account verifications and transactional notices. You also consent to receiving other communications from us such as newsletters, special offers, announcements and surveys, which you may opt out of by clicking on the “unsubscribe” links contained therein.
Shipping – All orders will be sent either by UPS, USPS or another professional delivery company of yours or our choosing to meet your delivery deadlines. We reserve the right to alter shipping carriers and/or shipping options at any time.
Payment – Alders Studio LLC, dba: JayAlders.com, accepts Mastercard ,Visa, American Express, Discover and PayPal. Credit Card charges will generally show up on your statement as from JayAlders.com,shop.JayAlders.com or Alders Studio. We reserve the right to add or change payment options.
Geographic Restrictions You may not be able to access all or some of the content and services of the Site outside of the United States and such access may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you are responsible for compliance with local laws. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
Third Party Materials. The Site may display, contain or make available third-party content (including data, information and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright or trademark compliance, legality, decency, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions. Once you choose to link to another site, you should read and understand that site’s privacy statement before disclosing any personal information.
Your Use of this Site – All of our content available through the Site is owned by or licensed to us or our partners and/or users and is protected by copyright and/or trademark laws. You do not acquire ownership rights to any content viewed through the Site. Our posting of content on the Site does not constitute a waiver of any right in such content. You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of or in any way exploit any of this content (other than your own content), in whole or in part, outside of the specific usage rights granted to you by Company in connection with this Site. All other copying in any format or other unauthorized use of the Site or its contents may constitute a breach of copyright, trademark and/or other intellectual property laws and/or other international laws and may subject you to criminal or civil charges and penalties. Company reserves all other rights not expressly granted hereunder. In no event may the Site be used in a manner that (a) harasses, abuses, threatens, defames or otherwise infringes or violates the rights of others; (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access Company’s proprietary information that is not authorized by Company; (d) uses or launches any automated system to access Company’s website or computer systems; (e) attempts to introduce viruses, trojans, worms, malware, or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment; (f) attempts to gain unauthorized access to Company’s computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or would give rise to civil liability; or, (h) violates these Conditions. Company reserves the right, in its sole discretion, to terminate your user account.
Content Posted on the Site –The Site may contain social or interactive features (including but not limited to blogs, messages or the display of content from linked third-party websites, which may allow you to submit, transmit or post information, including but not limited to audio recordings, video recordings, writings, and/or images. Company may monitor content posted on the Site, but Company is under no obligation to do so. You may be exposed to content on the Sites that is inaccurate or deceptive, or that you find offensive or objectionable.
Content You Post – Content you post via the Site may appear on other user’s devices. You are responsible for all content that you post through or download from the Site. You may not post content that:
- Is not your own original creation or that you do not have permission to use (keep in mind that just because something on the internet does not have a copyright notice on it doesn’t mean you can use it without permission);
- Infringes the copyright, trademark, patent right, or other proprietary right of any person or that is used without the permission of the owner;
- You know to be inaccurate;
- Is pornographic, sexually explicit, or obscene;
- Exploits children or minors;
- Violates the rights of privacy or publicity of any person;
- Is harassing, libelous, slanderous, or defamatory;
- Contains any personally identifying information about any person without their consent or about any person who is a minor;
- May be deemed generally offensive to the community, including blatant expressions of bigotry, prejudice, racism, hatred, profanity or religious or political radicalism;
- Includes advertisements, promotions, solicitations, spam, or offers to sell any goods or services for any commercial purpose;
- Is off topic;
- Is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice;
- Is intended to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction, or investment strategy is suitable for you or any specific person;
- Violates any local, state, federal, and/or international laws or regulations;
- Promotes or provides instructional information about illegal or illicit activities;
- Contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment; or,
- Is intended to overwhelm, cause technical disruptions of or denial of service to Company’s servers.
B. Company may remove any content that violates these Conditions or that Company determines is otherwise not appropriate in Company’s sole discretion. Company may or may not exercise editorial control over content posted on the Site.C. By posting or transmitting content on or through the Site, you
- represent and warrant that you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Company and other users to use and distribute your content as necessary to exercise the licenses granted by you in these Conditions and in the manner contemplated by Company and these Conditions;
- you certify that you are (a) at least 18 years old, or (b) at least 13 years old and have obtained your parent’s or legal guardian’s express consent to submit content;
- agree to and do hereby grant Company and its affiliates and partners a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, transferrable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate, create derivative works of and publicly perform the content that you submit via the Sites for any purpose, in any form, medium, or technology now known or later developed. You also acknowledge that (i) Company may have already created, or be in the process of creating, content that may be substantially similar to your ideas at the time you submit those ideas to us, and (ii) elements of your ideas may not be subject to protection under copyright laws. You also grant Company a license to use your user name in connection with Company’s use of any content you provide to Company. You also consent to the display of advertising within or adjacent to any of your content. Any comments or materials you send to Company, including feedback data, such as questions, comments, suggestions and any other response shall be deemed to be nonconfidential.
Limitation of Liability – TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, (A) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU WITH RESPECT TO (1) USE OF THE SITE, CONTENT OR SERVICES OR (2) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR THE SUBSCRIPTION SERVICES OR US$100.00, AND (B) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE CONDITIONS OR THE USE OF OR INABILITY TO USE THE SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OR CORRUPTION OF DATA, BREACH OF PRIVACY OR SECURITY, TRANSMISSION OF PERSONAL DATA OR FAILURE OR MALFUNCTION OF YOUR DEVICE. YOUR SOLE REMEDY UNDER THESE CONDITIONS IS TO CEASE USE OF THE SITE.
Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THESE CONDITIONS, COMPANY DOES NOT MAKE AND COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THE SITE, CONTENT, AND SERVICES PROVIDED HEREUNDER OR OTHERWISE REGARDING THESE CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR MALWARE, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE COMPANY FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE LIMITATIONS OR EXCLUSIONS ABOVE MAY NOT APPLY TO YOU. IF YOU ARE A NEW JERSEY RESIDENT, YOU WAIVE NEW JERSEY 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 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.
Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE CONDITIONS OR SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Indemnification – You agree to defend, indemnify, and hold harmless Company and its employees, contractors, officers, directors and successors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney’s fees and costs) that arise from your use or misuse of the Site, violation of these Conditions or violation of any rights (including, but not limited to intellectual property rights, right of privacy, right of publicity, etc.) of a third party. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate at your own expense in asserting any available defenses. The indemnification in this section extends to any allegations of copyright infringement, violation of the Digital Millennium Copyright Act or other law based on your importation, exportation, manipulation, modification, distribution, sale or other use of text, still images, or audio or video recordings.
Contact Information. Should you wish to contact Company with any questions, complaints or claims with respect to the Sites, email Company.
Third Party Agreements And Additional Terms – You agree to comply with all applicable third party Conditions of agreement when using the Site. There may be additional terms and conditions that apply to portions of the Site and to any purchases on the Site or services, including, without limitation, invitations, sweepstakes, contests and the like. All such additional terms and conditions shall be a part of these Terms and are incorporated by reference herein and you agree to be bound by such additional provisions. In the event of a conflict between these Terms and any additional terms and conditions applicable to any portion or offering on the Site, such additional terms and conditions with respect to that portion or offering shall control.
Governing Law – These Conditions are governed exclusively by the laws of the State of New Jerseyc, without giving effect to its conflict of law rules. These Terms are not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. The parties further agree that the place of contract and performance of these Terms is Los Angeles, New Jersey, USA.
Waiver/Severability – The failure of Company to exercise or enforce any right or provision of these Conditions shall not constitute a waiver of such right or provision. If any provision of these Conditions is for any reason held unenforceable or invalid, then these Conditions shall be construed as if such provision were not contained in these Terms.
Arbitration. Any dispute, claim or controversy arising out of or related to these Conditions or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved by binding non-appearance-based arbitration. Either party shall initiate arbitration before a single arbitrator through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties, or, if no agreement is reached within ten (10) days of a request for agreement, then according to the rules (“Rules”) of the American Arbitration Association. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. All aspects of the arbitration shall be treated as confidential, as provided in the Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. You agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company are each waiving the right to a trial by jury and the right to participate in a class or representative action. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, the arbitrator may not consolidate more than one person’s claims with your or Company’s claims, and may not otherwise preside over any form of a class or representative proceeding.
20. Entire Agreement; Modifications. These Conditions comprise the entire agreement between you and Company, and supersede any other agreement or discussion, oral or written, with respect to the subject matter of these Conditions, and may not be changed except by a written agreement signed in hardcopy form by both parties. There shall be no application of any rule of construction against the drafter as you have had an opportunity to have these Conditions reviewed by your counsel.
© Alders Studio LLC rights reserved. Jay Alders is a registered trademark.
Last modified: Feb 28, 2018