Ithaca Enterprises, LLC (the “Corporation”) offers the Use (as defined below) of https://localjoan.com (“WEBSITE”), subject to the following terms and conditions (“Terms and Conditions”). The viewer or user (collectively, the “User”) should read these Terms and Conditions carefully before using the WEBSITE. By continuing to view and use the WEBSITE, the User agrees to these Terms and Conditions. If the User does not agree to the Terms and Conditions set forth herein or otherwise on the WEBSITE, the User must not use it.
The User agrees that these Terms and Conditions and associated information contained on the WEBSITE contain the full and complete understanding between the parties and supersede any and all prior arrangements and understandings whether written or oral relating to the subject matter of these Terms and Conditions.
The Corporation retains the right to change the content of the WEBSITE or these Terms and Conditions at any time and in its sole discretion. It is the User’s responsibility to check these Terms and Conditions periodically for any changes. Any changes made to these Terms and Conditions shall be effective immediately upon posting. The User’s continued use of the WEBSITE following the posting of changes to these Terms and Conditions constitutes the User’s acceptance of those changes.
The situating of the WEBSITE on the World Wide Web and/or Internet constitutes a continuing offer by the Corporation to the User to use, as such term is defined below, the WEBSITE according to the Terms and Conditions. By utilizing the WEBSITE in any manner, including, without limitation, by viewing the same, downloading any and all material from this WEBSITE, or becoming a member or opening an account and/or profile with this WEBSITE (collectively, a “Use”), the User accepts that offer and creates a binding contract between the parties to adhere to the same. The parties stipulate that sufficient consideration exists to create the contract, and that it is therefore binding upon them. Further, by its Use of the WEBSITE, the User makes the material representation upon which he wishes the Corporation to rely that he will adhere to the Terms and Conditions in connection with the User’s Use of the WEBSITE. If the User is dissatisfied with any of the Terms and Conditions, the User’s sole and exclusive remedy is to discontinue using the WEBSITE. Finally, by his Use of the WEBSITE, the User also stipulates that a violation of any of the Terms and Conditions will result in irreparable harm to the Corporation not compensable in money damages, such that, without limitation, injunctive relief shall be necessary and appropriate remedy.
1. OWNERSHIP
The WEBSITE is owned by the Corporation. All content and service provided on the WEBSITE including, without limitation, images, graphics, pictures, texts, computer code, logos, trademarks, photographs, data, messages, digital downloads, data compilations, video clips, audio, sounds, music, artwork and design (“Materials”) is owned or licensed to the Corporation and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
2. USE OF THE WEBSITE
The User is hereby granted a limited, personal, non-exclusive, non-commercial, revocable license to use the WEBSITE to purchase orders and obtain information about the Corporation products through the WEBSITE. The User acknowledges that his/her Use of the WEBSITE will in no way provide him with any ownership or other interest in the Materials. The User agrees that his Use of the WEBSITE is for his/her own personal use and not for a commercial purpose.
The User agrees not to copy, download, reproduce, modify display, post, distribute, perform, transmit, transfer or otherwise use the Materials except as set forth in the Terms and Conditions.
3. COOKIES
The Corporation specifically acknowledges and hereby notifies the User that it may utilize “cookies” in connection with the operation of the WEBSITE. The User agrees that such cookies may be placed on his/her computer, in connection with his/her access to, and use of, the WEBSITE. Nevertheless, the User should note that he can make adjustments to his/her web browser which may enable it to control the use of cookies. Such action, however, could affect the User’s use of the WEBSITE.
4. DISCLAIMER
THE CORPORATION DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. IN FACT, THE USER ACKNOWLEDGES THAT THERE WILL BE TIMES WHEN THE WEBSITE WILL BE INTERRUPTED WHETHER FOR UPGRADES, MAINTENANCE AND EMERGENCY REPAIRS OR OTHERWISE AND YOU AGREE THAT THE CORPORATION IS NOT LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY DISCONTINUANCE, SUSPENSION OR MODIFICATION OF THE WEBSITE. THE CORPORATION CANNOT AND DOES NOT ENSURE THAT ANY FILES OR OTHER DATA THE USER DOWNLOADS FROM THE WEBSITE, IF ANY, WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES OR ANY OTHER DISRUPTION INHERENT IN THE OPERATION OF THE INTERNET AND THE WORLD WIDE WEB. IN THAT REGARD AND IN NO EVENT SHALL THE CORPORATION BE LIABLE FOR ANY INJURY, CLAIM, LOSS AND/OR DAMAGE RESULTING FROM ANY OF THE ABOVE INCLUDING WITHOUT LIMITATION INTERRUPTED SERVICE, VIRUSES CONTAMINATION AND DESTRUCTIVE FEATURES.
IN ADDITION, THE CORPORATION CANNOT BE HELD RESPONSIBLE FOR THE ACCURACY OF ANY STATEMENT, OPINION, OR ADVICE MADE ON THE WEBSITE OR FOR ANY LIBELOUS, DEFAMATORY, ILLEGAL OR OFFENSIVE CONDUCT BY ANY USER. THE USER AGREES TO NOTIFY THE CORPORATION OF ANY SUCH CONDUCT.
5. INDEMNIFICATION
The User agrees to defend indemnify and hold harmless the Corporation and the WEBSITE, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, successors, subsidiaries, agents, affiliates, partners, licensors and assigns, from and against any and all claims, actions, loss, liabilities, expenses or costs including, without limitation, legal or accounting fees, for all damages directly or indirectly and/or consequentially resulting or allegedly resulting from the User’s improper or unauthorized use of the WEBSITE, the Materials and any other materials contained on the WEBSITE.
6. THIRD PARTY CONTENT, LINKS, INFORMATION AND ADVERTISEMENTS
The User acknowledges that the WEBSITE may contain and/or display material created and posted by third-parties including links, information, advertisements and other content (collectively, “Third-Party Information”). This Third-Party Information may contain errors, inaccuracies, outdated information, omissions and/or falsities and may be subjected to the terms and conditions and policies of these third-parties. The Corporation does not make any representations and/or warranties as to the completeness, accuracy, adequacy or reliability of this Third-Party Information and is not responsible for any lack of the foregoing. Furthermore, any transactions and/or business dealings including, without limitation, the payment and delivery of products and services, between the User and the Third-Party Information is strictly and solely between the User and the third-party and does not concern the Corporation. The User agrees that the Corporation will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services and other content on the WEBSITE. In addition, descriptions of, or references to, products, services or publications with the WEBSITE do not imply sponsorship, endorsement of that product, service or publication.
7. PAYMENTS
The WEBSITE utilizes an independent, third-party service provider for the processing of payments, as is made available through the WEBSITE (“Payment Processor”). Currently, the Payment Processor is PayPal™ Corporation (www.paypal.com). The User is responsible for reviewing the terms and conditions of the User’s agreement with the Payment Processor, which will include, but not be limited to, the way the Payment Processor collects information, the manner in which they process payments and the duties and obligations that the User has with the Payment Processor. Any disputes or complaints with billing shall strictly be handled through the Payment Processor’s complaint procedures. Without limitation, the User acknowledges and agrees that the Corporation has no obligation in this regard, and need not intercede in any such transaction on a User’s behalf. Moreover, the User specifically releases the Corporation and this WEBSITE from all liabilities and claims of loss resulting from any error or discrepancy in the billing. The User also specifically releases and waives any claim against the Corporation arising out of or otherwise related (whether directly or indirectly) to a dispute between the User and the Payment Processor.
8. PRIVACY POLICY
The Corporation recognizes the importance of maintaining the confidentiality of any personal data provided by the User. The collection and use of the User’s personal information by the Corporation is governed by the Corporation’s Privacy Policy.
9. ACCOUNTS, PASSWORDS AND SECURITY
Certain features or services offered on or through the WEBSITE may require the User to open an account (including setting up an ID and password). The User is entirely responsible for maintaining the confidentiality of the User’s account information, including your password, and for any and all activity that occurs under the User’s account. The User agrees to notify the Corporation immediately of any unauthorized use of the User’s account or password, or any other breach of security. However, the User may be held liable for losses incurred by the Corporation, any other user of the WEBSITE or any third-party due to someone else using the User’s ID, password or account.
10. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
The Corporation endeavors to respect and protect the intellectual property rights of others. If you believe that your material has been improperly copied by the Corporation in a way that constitutes infringement of your intellectual property, please provide notification to the Corporation’s agent as follows:
By Email: info@localjoan.com
Include in that notification the following information: (a) your full name, email address, postal address and telephone number where you can be contacted; (b) if you are not the owner of the copyright work, include a statement, under penalty of perjury, with an electronic or physical signature that you are permitted to act on behalf of the owner of the work; (c) the identification of the copyrighted material alleged to be infringed; (d) identification of the material that is alleged to be infringing; (d) that you have a good-faith basis to believe that the use of the material complained of is not authorized by the copyright owner, its agent, or the law.
11. NOTICES
All notices and other communications to the Corporation, if any, that are to be given under the Terms and Conditions must be in writing which shall be given by delivery via electronic mail to the email address set forth in Paragraph 10 of these Terms and Conditions. Such notice shall be deemed effective 24 hours after the message was sent if no “system error” message or other notice of non-delivery is generated.
12. GOVERNING LAW AND CHOICE OF LAW
The User agrees that the laws of the State of New Jersey shall govern any dispute directly or indirectly related to such Use, as defined below (a “Dispute”). Further, the User consents to the exclusive jurisdiction of the courts of the State of New Jersey or, if federal jurisdiction, exists, at the option of either party to the jurisdiction of the United States District Court for the District New Jersey in regard to such Dispute. Service of the summons and complaint to initiate any such action shall be deemed complete when sent either as required by Court procedure or by (a) electronic mail to any of the User’s current or future electronic email addresses, and (b) ordinary mail, in the event a regular mailing address has been provided by the party upon which service is being effected.
13. ATTORNEYS’ FEES
If the Corporation or its affiliates undertake any action to enforce these Terms and Conditions, such party will be entitled to recover from the User, and the User hereby agrees to pay, any and all attorneys’ fees and any costs of litigation, in addition to any other relief at law or equity to which such party is entitled. In such event, the Corporation shall be entitled to recover all costs, including both actual pre-judgment and post-judgment attorneys’ fees and costs, involved directly or indirectly in its enforcement efforts, whether or not it does so through the institution of formal legal proceedings.
14. SEVERABILITY
If any portion of these Terms and Conditions is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion shall be construed as narrowly as possible in order to give effect to as much of the Terms and Conditions as possible.