Site Terms and Conditions of Use

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IN GENERAL

Please review these terms and conditions, which govern your use of www.maison-janneau.com (the “Site”). These terms of use are entered into by and between you and Maison Janneau, LLC (“Company,” “we,” or “us“).  

Your use of the Site constitutes your unconditional agreement to be bound by these terms and conditions and our Privacy Policy (collectively, the “Terms”) without any modification by you. Please review the Terms carefully. If you do not agree to the Terms, do not use the Site.  The Terms inure to the benefit of Maison Janneau and affiliates. This Site is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions

COPYRIGHTS

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are protected under United States copyright laws and international copyright laws and treaty provisions and are owned or licensed by Maison Janneau or its software and content suppliers and licensors. Except as expressly provided herein, none of the material provided on the Site may be copied, distributed, republished, reproduced, downloaded, displayed or transmitted in any form without the prior written permission of Maison Janneau. You must not modify, create derivative works of, publicly display, publicly perform, store, or transmit any of the material on the Site, except that you may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, and you may store files that are automatically cached by your Web browser for display enhancement purposes. In addition, you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

TRADEMARKS

Any trademarks, trade names, logos, service marks, brand identities, titles, characters, graphics, designs, and/or other properties displayed on the Site are property of Maison Janneau, its affiliates, or authorized third party owners and are protected as registered and unregistered trademarks and copyrights.  Use of the Site in no way grants any license or right to use any of such materials displayed on the Site, and you must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

LICENSING AND PERMISSIONS

Other than as expressly provided herein, Maison Janneau requires a written license agreement prior to any use of brand names, trademarks, service marks, copyrights and other intellectual property belonging to Maison Janneau. Any use of intellectual property contrary to these Terms is strictly prohibited.

You are permitted to print one copy of material purposely made available by Maison Janneau for downloading from the Site solely for your personal, non-commercial use, provided you: do not modify the materials, retain all copyright and other proprietary notices contained in the materials, and do not make any additional representations or warranties relating to such materials. The permissions noted herein terminate automatically if you breach any of these Terms.  

You may not: (a) download or print any materials on, or portion of, the Site for any commercial purpose, including, but not limited to, use on other websites; (b) use Maison Janneau’s trademarks or other intellectual property if such use is likely to cause customer confusion; or (c) use Maison Janneau’s intellectual property in any manner that disparages or discredits Maison Janneau.  If we give our consent for you to use the materials on the Site, you must: (i) properly attribute to Maison Janneau and anyone else who is attributed to the original image in any use of an image from the Site; and (ii) accurately identify any product that appears in an image. 

For additional information on license agreements and Maison Janneau’s intellectual property, including trademarks and copyrights, contact us at: contact@maison-janneau.com.

ALL RIGHTS RESERVED

Maison Janneau does not grant any express or implied right to you under any patents, trademarks, copyrights, trade secret, or other intellectual property right displayed on, connected to, or related to the Site.

INFORMATION SUBMITTED

Any communication or material that you submit to us via the Site, whether by electronic mail, text and/or website submission (“Submission”) is considered to be non-confidential and non-proprietary. Such Submissions may include without limitation, questions, comments, suggestions, and ideas, and are deemed to be the exclusive property of Maison Janneau when transmitted.  Maison Janneau shall have a perpetual royalty free right and license to use any Submission information for any purpose whatsoever and without restriction or further notice or compensation to you. This means that you disclaim any proprietary rights in such Submissions and you acknowledge our unrestricted right to use the content of the Submission, in part or in total in any medium, now and in the future, without notice, compensation, attribution, or other obligation to you or any other person.

Although Maison Janneau is under no obligation to review or monitor a Submission, Maison Juneau reserves the absolute right to do so in our sole discretion. In addition, Maison Janneau reserves the right to alter, edit, create derivative works, refuse to post or remove any Submissions, in whole or in part, for any reason or for no reason at any time and without notice.  You agree that Maison Janneau does not have any obligation to use or respond to any Submission.

You are responsible for the content of your Submission, including its legality, reliability, accuracy, and appropriateness. You agree that your Submission will not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

You may not submit any material misrepresenting yourself as someone else or using a false e-mail address.

You understand that you are personally responsible for your behavior while visiting the Site and you agree to indemnify and hold Maison Janneau, and its affiliates, business partners, dealers, insurers, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that we may incur in connection with any claim relating to your use of the Site or your Submissions, or your violation of these Terms, applicable law, or the rights of any third party.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

PRODUCT ORDERS

Maison Janneau cannot guarantee the availability of any particular product displayed on the Site. Maison Janneau reserves the right to discontinue the sale of any product listed on the Site at any time without notice. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. We reserve the right to correct any errors, inaccuracies or omissions on the Site (including after an order has been submitted and accepted).

CODE OF CONDUCT

You may use the Site only for lawful purposes and in accordance with these Terms. You agree that you will not do any of the following (collectively, the “Code of Conduct”):

  • Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site.
  • Use the Site or content on or from the Site for any unlawful purpose.
  • Express or imply that any statement you make is endorsed by Maison Janneau or its affiliate companies.
  • Take any action 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.
  • Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • Submit data or information to or otherwise transmit material through the Site that is (i) copyrighted, protected by trade secret or otherwise subject to third-party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the lawful owner of such rights or have permission from the rightful owner to submit or transmit such data or information; (ii) unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or would give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable, or infringes Maison Janneau’s or any third party’s intellectual property rights or other rights; (iii) intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; or (iv) non-public information about a company or individual without the express written authorization to do so.
  • Engage in any spamming, any flooding, any phishing or any other similar activity.
  • Transmit any software or other materials that contain any harmful or malicious code, including without limitation viruses, worms, time bombs, date bombs, or trojan horses.
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site.
  • Remove any copyright, trademark or other notices of proprietary rights contained on the Site.
  • “Frame” or “mirror” any part of the Site.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Use any robot, spider, site search / retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure, or presentation of the Site or its contents.
  • Harvest or collect information about Site visitors.
  • Take any action that imposes an unreasonable or disproportionately large load on Maison Janneau’s infrastructure.

DISCLAIMER

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

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” 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 SITE 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.

TO THE FULLEST EXTENT PROVIDED BY LAW, 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You (and not Maison Janneau) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting the Site.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, 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 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. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Maison Janneau shall not be liable even if Maison Janneau or a Maison Janneau authorized representative has been advised of the possibility of such damages.

LINKS TO THE SITE AND OTHER SITES

If this Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.  This site may provide certain features that enable you to:

  • Link from your own website to certain content on this site.
  • Send emails or other communications with certain content, or links to certain content, on this Site.
  • Cause limited portions of content on this Site to be displayed or appear to be displayed on your own website.
  • You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with.

Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Site other than the homepage.
  • Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Maison Janneau, and its affiliates, business partners, dealers, insurers and their respective officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising out of, in connection with, or resulting from any violation of these Terms or any activity related to accessing or using the Site or transmitting any Submission (including, but not limited to, negligent or willful misconduct), by you or any other person affiliated with you.

JURISDICTION

The owner of the Website is based in the State of Texas in the United States. We provide this Site for use only by persons located in the United States only, and Maison Janneau in no way warrants or implies that the materials on the Site are accessible from or appropriate for use outside of the United States. If you use the Site from a location outside of the United States, you are solely responsible for compliance with any applicable local laws. Access to the Site may not be legal by certain persons or in certain countries. You may not use or export the materials on the Site in violation of U.S. export laws and regulations.

MODIFICATION OF THE SITE AND THESE TERMS

By providing material on the Site, Maison Janneau does not promise that the materials will remain available to you. Maison Janneau reserves the right at any time and from time to time to modify the Site or discontinue providing access to the Site (or any part thereof), temporarily or permanently, with or without notice to you. You agree that Maison Janneau will not be liable to you for any modification, suspension or discontinuance of the Site or the Contents.

Maison Janneau also reserves the right to change the terms, conditions, and notices for the Site at any time by updating this posting, and your use of the Site following any such changes will constitute your consent to such modified terms. You agree to review these terms regularly to verify any changes. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at the Site.

TERMINATION

Maison Janneau may terminate or suspend these Terms at any time without notice to you. Without limiting the foregoing, Maison Janneau shall have the right to immediately terminate your access to the Site in the event of any conduct by you which Maison Janneau, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms. Your right to access and use the Site terminates automatically upon your breach of any of these Terms.

MISCELLANEOUS

You agree that no joint venture, partnership, employment or agency relationship exists between you and Maison Janneau as a result of these Terms or your use of the Site.

Any rights not expressly granted to you herein are reserved by and to Maison Janneau, its affiliates, and licensors, and other third parties.

 Any actual or alleged waiver by Maison Janneau of any actual or alleged breach of the Terms by you shall not be deemed to be a waiver of any future breach. 

If any part of these Terms is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue to govern your use of the Site.

This website is operated by Maison Janneau, LLC.

All feedback, comments, requests for technical support, notices of copyright infringement claims, and other communications relating to the Site should be directed to: contact@maison-janneau.com.

DISPUTE RESOLUTION/CLASS WAIVER

All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the County of Travis, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your county or country of residence or any other relevant county or country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. You agree that you may assert disputes against Maison Janneau only on an individual basis and not as a plaintiff or class member in any class or representative action or proceedings related to your use of the Site.

 

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