TERMS AND CONDITIONS
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
These terms and conditions ("Terms") apply to the use, purchase and sale of products and Services through the website http://www.julieta.com (the "Site"). These Terms are subject to change by Jules Shoes, LLC (the "Company" and may be referred to as "us," "we," or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site. Your continued use of this Site after a posted change in these Terms will constitute your re-acceptance of and agreement to such changes.
1.Registration, Listing and Posting.
A.Eligibility. By using the Site, you represent that you are at least 18 years of age and lawfully allowed to access the Site ("User"). It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete.
B.Termination and Suspension. You agree to use and access the Site only as authorized in accordance with these Terms. We may suspend or terminate your ability to use the Services in our sole discretion, with or without cause, at any time, without prior notice to you.
D.Prohibited Uses. You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
• In any way that violates any applicable federal, state, local or international law or regulation;
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
• To engage in any other conduct that restricts or inhibits any User's use or enjoyment of the Site, or which, as determined by us, may harm the Company or Users of the Site or expose them to liability.
Additionally, you agree not to:
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site;
• Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
• Use any device, software or routine that interferes with the proper working of the Site;
• Otherwise attempt to interfere with the proper working of the Site.
2.Disclaimer of all Warranties. YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS," "WHERE IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
3.Limitation of Liability. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. COMPANY IS NOT LIABLE TO THE GREATEST EXTENT ALLOWED BY LAW AND, TO THE EXTENT COMPANY IS LIABLE TO YOU, THE TOTAL LIABILITY IS LIMITED TO $50.00.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
4.Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Minnesota. The venue for all matters will be in the State of Minnesota.
A.Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
B.No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Company.
C.Indemnification. You agree to defend, indemnify and hold harmless Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, any use of the Site's content, services and items other than as expressly authorized in these Terms or your use of any information obtained from the Site.
D.Electronic Acceptance. Your electronic acceptance of these Terms on the Site shall constitute your acceptance of all terms and conditions, including any and all updates of these Terms. Such acceptance shall have the same legal force and effect as if you had physically signed these Terms. You agree to the admissibility of all computer records and/or electronic evidence in any dispute under these Terms.
E.Independent Contractors. You and Company are independent contractors. No agency relationship, partnership, joint venture, employer-employee relationship or franchisor-franchisee relationship is intended or created by these Terms.
Last Updated: May 1, 2019
Information Collection and Use
Through the Site, we collect data including Personal Data, defined below, and other information (collectively "Information") when you use or purchase certain products through the Site, features or services (collectively "Services") or when you visit the Site and any Site pages. While using our Site and our Services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personal Data may include, but is not limited to, your email address, name, phone number, address, payment information, and physical descriptions.
We may also collect Information on how the Site and Services are accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Use of Data
Jules Shoes uses the collected data for various purposes including, but not limited to, providing you products and Services, to provide and maintain our Services, to notify you about changes to our Services, to allow you to participate in interactive features of our Services when you choose to do so, to provide customer support, to gather analysis or valuable Information so that we can improve our Services, to monitor the usage of our Site and Services, to detect, prevent and address technical issues, to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or inquired about unless you have opted not to receive such information.
Data Protection Regulation (GDPR)
Data Processors (or Service Providers). Any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User). Any living individual who is using our Services and is the subject of Personal Data.
Jules Shoes may process your Personal Data because we need to perform under a contract with you, you have given us permission to do so, the processing is in our legitimate interests and it is not overridden by your rights, and to comply with the law.
Retention of Data
Jules Shoes will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Services, or we are legally obligated to retain this data for longer periods.
Transfer of Data and Data Security
Your Information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside the United States and choose to provide Information to us, please note that we transfer the data, including Personal Data, to the United States and process it there.
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
We will not sell or rent your Information to anyone.
We may employ third party companies and individuals to facilitate our Services ("Service Providers"), provide the Services on our behalf, perform Services-related services or assist us in analyzing how our Services are used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Services. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
Our Services does not address anyone under the age of 18.
We do not knowingly collect personally identifiable Information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that Information from our servers.
Third Party Links
The Site may contain links to other websites and resources provided by third parties. These links are provided for your convenience only. You may find advertising or other content on the Site that links to the websites and services of our partners, suppliers, advertisers, sponsors, licensors, social media platforms and other third parties (collectively "Third Parties"). We do not control the content or links that appear on the Site or Third Party's websites or any services provided by Third Parties, and are not responsible for such links, services or Information found on those websites linked to or from our Site. In addition, such websites and services, including any content and links, may change without notice. Browsing and interacting with the Third Party websites is subject to that individual website's own terms and policies. If you visit these websites we recommend you review the privacy and use policies of these websites each time you visit them or use any services provided. If you decide to access any of the Third Party websites linked to this Site, you do so entirely at your own risk.
Intellectual Property and Trademarks; Applicable Laws
This Site and its entire contents and products found therein, including but not limited to all Information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, are owned or licensed by us, our licensors or other providers and are protected by United States and international copyright, trademark, and other intellectual property or proprietary rights laws. Any use of our Site not expressly permitted within this Policy is not permitted, is a breach of this Policy, and may violate intellectual property, copyright, trademark or other laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any content or materials on the Site without our written permission.
"Jules Shoes," "Julieta" and all related names, logos, product and Services names, designs and slogans are trademarks of Jules Shoes, LLC or its affiliates, partners or licensors. You may not use such marks without our prior written consent. All other names, logos, product and Services names, designs and slogans on this Site are the trademarks of such companies and the owners thereof and we do not convey to you any license or rights of use. You agree, and assign if applicable, that any work product, derivative works and feedback concerning the Site and its contents are the property of Jules Shoes, LLC. This Policy shall be governed by and construed under the laws of the State of Minnesota and applicable federal laws without regard to conflicts of laws principles. You agree that any legal or other proceeding relating to this Policy or the Site, and any related subject matter, will be brought and maintained in the courts of the State of Minnesota or the federal district courts found therein, which shall have exclusive jurisdiction.
The Information presented on or through our Site is made available solely for general information purposes. All Information, data and content posted on our Site is provided and made available to you "as-is," "as available" and "where is." We make no representations and provide no warranties concerning the accuracy, completeness, usefulness, or fitness for a particular purpose concerning the Information, data, and content on the Site. Any reliance you place on such Information, data and content is strictly at your own risk. We disclaim, and you waive, all liability and responsibility of Jules Shoes, its affiliates, partners and licensors arising from any reliance placed on such Information, data and contact by you or any visitor of the Site, or by anyone who may be informed of the Site contents by you or anyone else.
The Site may include content provided by Third Parties. All statements and/or opinions in such content, and all related articles, responses and other content are solely the statements, opinions, and reasonability of such Third Party. We disclaim, and you waive, any and all liability of Jules Shoes, LLC, its affiliates, partners and licensors arising from your use of, content and accuracy of any materials provided by any Third Parties.
Changes to this Policy
We reserve the right, in our sole and absolute discretion, to update this policy at any time, with or without notice. We expect to occasionally update this Policy and we encourage you to periodically review the Policy to be informed of your rights and responsibilities. The most recent update will be posted on this Site. By using our Site, you are signifying and affirming your acceptance of this Policy and the terms and conditions detailed herein. If you do not agree to this Policy do not use our Site or the content found therein. Your continued use of the Site after we update this Policy will be deemed your acceptance of the Policy including any updates special promotions and new products.
Customer Service, Questions and Suggestions
If you have any suggestions, customer service requests, including changing or correcting any information that may be on the Site, complete a feedback form, or send an email to: email@example.com.