Terms of Use

 

1. Acceptance of Terms

These Terms of Use govern your use of the Jacwil LLC website, www.jacwil.com, operated by Jacwil LLC. ​Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Website.

www.jacwil.com is a website where customers can view and purchase handmade skin and body care products. Jacwil LLC is a small business specializing in manufacturing and distributing skincare products by hand in small batches.

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2. Eligibility

a. You must be at least 18 years old to use this website. By accessing or using this website, you represent and warrant that you are at least 18 years old.

b. If you are under 18 years old, you may only use this website with the involvement of a parent or guardian.

c. By accessing or using this website, you represent and warrant that you have the legal capacity to enter into a binding contract with Jacwil LLC.

d. Jacwil LLC reserves the right to refuse service, terminate accounts, or restrict access to the website in its sole discretion.

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3. Use License

A. Permission is granted to temporarily download one copy of the materials (information or software) on the Jacwil LLC website (www.jacwil.com) for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:

• Modify or copy the materials;

• Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

• Attempt to decompile or reverse engineer any software contained on the Website;

• Remove any copyright or other proprietary notations from the materials; or

• Transfer the materials to another person or "mirror" the materials on any other server.

b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Jacwil LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

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4. Disclaimer

The materials on the Jacwil LLC website (www.jacwil.com) are provided on an 'as is' basis. Jacwil LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Jacwil LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website or otherwise relating to such materials or on any sites linked to this site.

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5. Key Commercial Terms

1. Product Sales: When purchasing items from Jacwil LLC's website, www.jacwil.com, you agree to the following terms: a. You are responsible for reading the full product listing before making a commitment to purchase. b. By completing the check-out payment process, you enter into a legally binding contract to purchase the item.

2. Pricing and Payment: a. The prices for our products and services are listed on the Website. Jacwil LLC reserves the right to change prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. b. Additional information about pricing, including sales tax and any applicable transaction fees, can be found on the payments page.

3. Subscription Services: a. If the Website offers subscription services, the terms of such licensing, payable fees, and subscription renewal terms will be clearly defined in the Terms of Use or on the respective product pages. b. The fee for the services and any other charges incurred in connection with the use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.

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6. Return and Refund Policy

Thank you for shopping at Jacwil LLC. As a small and new business, we are unable to accept returns or exchanges for any products purchased from our website. All products sold on Jacwil LLC's website are handmade with care and have specific time frames for use.

Damaged or Defective Products: In the rare event that you receive a damaged or defective product, please contact us immediately at jw4jacwil@gmail.com. We will work with you to resolve the issue and provide a suitable solution.

Contact Us: If you have any questions about our Return and Refund Policy, please contact us at jw4jacwil@gmail.com.

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7. Retention of Right to Change Offering

Jacwil LLC reserves the right to modify, suspend, or discontinue any aspect of the services or products offered on our website at any time, without prior notice or liability. We may add new services, features, or products, or remove existing ones, without liability for any reason, at our sole discretion.

Changes to Services: We may, without prior notice, change the services offered on our website, including but not limited to, the addition or removal of features, limits on usage, or discontinuation of certain services.

Termination of Access: Jacwil LLC may permanently or temporarily terminate or suspend access to our services without notice and liability for any reason, or for no reason at all. This includes, but is not limited to, instances where we believe that a user has violated these Terms of Use or engaged in any conduct that may harm Jacwil LLC or its users.

Contact Us: If you have any questions about our Retention of Right to Change Offering, please contact us at jw4jacwil@gmail.com.

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8. Warranties & Responsibility for Services and Products

Jacwil LLC takes pride in the quality of the services and products offered on our website. We strive to ensure that our offerings meet the highest standards and comply with local consumer protection laws.

Product Warranties: a. When you purchase a product from Jacwil LLC and you believe it to be defective, you may be entitled to certain warranties granted by us. b. If we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, you will be entitled to a full refund upon the prompt return of the product to us. c. We will cover the shipment costs for repaired or replaced products sent to you. However, you will be responsible for the return shipment of the product to us.

Service Responsibilities: a. Jacwil LLC is committed to providing high-quality services to our customers. If you encounter any issues with the services provided on our website, please contact us immediately. b. We will make every effort to address and resolve any service-related concerns in a timely manner and to your satisfaction.

Contact Us: If you have any questions about our warranties and responsibilities for services and products, please contact us at jw4jacwil@gmail.com.

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9. Ownership of Intellectual Property, Copyrights, and Logos

Jacwil LLC recognizes the importance of protecting its intellectual property rights, including copyrights, trademarks, and logos associated with our website, products, and services.

Exclusive Ownership: a. All content, materials, and products available on the Jacwil LLC website, including but not limited to software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of Jacwil LLC. b. Except as explicitly provided herein, nothing in these Terms shall be deemed to grant any rights, licenses, or permissions to visitors or customers of the website in relation to the Intellectual Property Rights of Jacwil LLC. c. Visitors and customers agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of any content, materials, or products owned by Jacwil LLC without explicit written permission.

User-Generated Content: a. If users upload any content, such as designs, images, text, or other materials, to the Jacwil LLC website, they confirm that they own all relevant rights to such content or have obtained the necessary licenses. b. Users agree that any content uploaded to the website may be publicly displayed and used by Jacwil LLC in accordance with our Privacy Policy.

Contact Us: If you have any questions about our Ownership of Intellectual Property, Copyrights, and Logos, please contact us at jw4jacwil@gmail.com.

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10. Right to Suspend or Cancel User Account

Jacwil LLC reserves the right to suspend or cancel a user's account at any time and for any reason, including but not limited to:

• Violation of the Terms of Use or other policies of the website.

• Suspected misuse or fraudulent activity related to the use of our services or products.

• Conduct that may harm the reputation or operation of Jacwil LLC.

In the event of account suspension or cancellation, Jacwil LLC will notify the user via email or other means of communication provided by the user upon registration. Jacwil LLC shall not be liable for any damages or losses resulting from the suspension or cancellation of a user's account.

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11. 

Indemnification

Users and customers agree to indemnify, defend, and hold harmless Jacwil LLC, its affiliates, partners, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Violation of the Terms of Use or other policies of the website.

• Misuse of our services or products.

• Infringement of third-party rights.

• Any other conduct or activity by the user or customer that results in damages or liabilities to Jacwil LLC or any third party.

Jacwil LLC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by the user or customer, in which case the user or customer agrees to cooperate fully with Jacwil LLC in asserting any available defenses.

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12. 

Limitation of Liability

To the extent permitted by applicable law, Jacwil LLC and its affiliates, partners, officers, directors, employees, agents, licensors, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with:

• The use or inability to use our website, products, or services.

• Any unauthorized access to or alteration of your transmissions or data.

• Any third-party content, products, or services accessed through our website.

• Any conduct or content of any third party on our website.

In no event shall the total liability of Jacwil LLC and its affiliates, partners, officers, directors, employees, agents, licensors, and suppliers to you for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) exceed the amount paid by you, if any, for accessing or using our website, products, or services.

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13. Updates to Terms of Use

To maintain flexibility and ensure transparency, we reserve the right to update or modify our Terms of Use as needed, without requiring explicit consent from users.

Notification of Changes: We may occasionally update these Terms of Use at our sole discretion. Therefore, we encourage you to review this page periodically for any changes. If there are material changes to the Terms, we will notify you accordingly. Your continued use of our website or services after any such modifications indicates your acceptance of the updated Terms.

Opt-out Option: If you do not agree with any part of these terms or any future versions of the Terms, you have the option to discontinue using or accessing our website or services.

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14. Promotional Communications

Jacwil LLC respects your preferences regarding promotional communications and adheres to applicable laws and regulations.

Consent for Promotional Communications: By using our website or providing your contact information, you consent to receive promotional messages and materials from Jacwil LLC from time to time. These communications may be sent via mail, email, phone calls, text messages, or any other contact form provided by you.

Opt-out Option: If you prefer not to receive promotional materials or notices from us, you have the right to opt out at any time. Simply notify us, and we will promptly remove you from our promotional communication list.

Legal Considerations: Please note that the form of consent required for promotional communications may vary depending on your location and applicable laws. We recommend seeking legal guidance to ensure compliance with relevant regulations.

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15. Jurisdiction and Dispute Resolution

Jacwil LLC operates under the laws and regulations applicable to our jurisdiction, ensuring transparency and legal compliance in our business activities.

Jurisdiction: Any disputes arising between Jacwil LLC and our users or customers shall be governed by the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

Dispute Resolution: a. In the event of any dispute or claim arising from the use of our website or services, both parties agree to first attempt to resolve the matter through good faith negotiations. b. If the dispute cannot be resolved informally, both parties agree to submit to the exclusive jurisdiction of the courts located in [Your Jurisdiction] for the resolution of any legal proceedings.

Arbitration Clause: c. Alternatively, both parties may agree to resolve disputes through binding arbitration in accordance with the rules of [Arbitration Provider], with each party bearing its own costs and attorneys' fees.

Waiver of Legal Proceedings: d. By agreeing to these Terms of Use, users and customers waive any right to a jury trial or participation in class actions against Jacwil LLC.

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16. User Community Provisions

Jacwil LLC provides users with the opportunity to participate in our website's community features, fostering interaction and engagement among our users.

Public Profile Visibility: a. When users join our community, they acknowledge that their public profile will be visible to other site visitors. This includes basic profile information and any public activity, such as posts or comments, which will be accessible to other members of the community.

Opt-out Option: b. Users have the option to opt-out and exit the community at any time. Upon opting out, the user's profile will no longer be publicly visible, and they will no longer have access to community features such as liking, commenting, or posting.

Privacy and Security: c. Jacwil LLC takes privacy and security seriously. While user profiles and public activity are visible to other community members, we implement measures to protect users' personal information and ensure a safe and respectful community environment.

Community Guidelines: d. All users are expected to adhere to our community guidelines, promoting respectful and constructive interactions within the community. Any violation of these guidelines may result in moderation or removal of content, and in severe cases, suspension or termination of community privileges.

Acknowledgment and Consent: e. By participating in our community, users acknowledge and consent to the visibility of their public profile and activity to other members of the community. Users also understand that opting out of the community will limit their access to community features.