THE TOU DO NOT GOVERN PRODUCTS PURCHASED ON THE SITE. PLEASE SEE INDIVIDUAL PRODUCT PAGE FOR FURTHER DETAILS ON ANY WARRANTIES ASSOCIATED WITH INDIVIDUAL PRODUCTS, AS WARRANTIES, IF AVAILABLE, VARY BY PRODUCT.
a. Member Accounts
By registering a profile on the Site, you acknowledge that we reserve the right to change the TOU at any time. If you register an account with the Site, you must complete the registration process by providing us with accurate information as required by the registration form. You recognize that we will ask you to input personal information such as your billing information, first and last name, shipping address, phone number, and email address for certain transactions. You are solely responsible for maintaining the confidentiality of your account. You agree to immediately notify us of any unauthorized use of your account. We are not liable for any loss that may incur as a result of unauthorized use of your account, even if it is without your knowledge.
The use of public networks is not considered to be secure and you recognize that use of an unsecure network/computer may adversely impact the confidentiality and security of your account and personal data.
b. Improper Use
You will not use the Site for any purpose that is unlawful or prohibited by our TOU. You will not use the Site in any manner that could damage, disable, overburden, or impair any of our servers or any affiliated networks. Do not attempt to gain unauthorized access to any accounts, systems, or related databases through hacking, password mining, or any other means. Do not attempt to use the Site in any way not intentionally permitted by us.
Do not use the Site in connection with pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise). Do not input information in any way that can be considered defamatory, abusive, illegal, infringing, or otherwise tortious. Do not use the Site in any way that would violate the legal rights (such as rights of privacy and publicity) of another.
Do not use the Site to transmit files or post hyperlinks that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation our servers or a third-party computer.
Do not gather unauthorized information from the Site.
You are not permitted to access the personal information of another user for any purpose.
We reserve the right to delete your account and refuse you service if you are found to be in violation of this Agreement or any of our other policies.
c. Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Site is provided for your personal and non-commercial use. You may not modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information from the Site. You further represent and warrant that you are not an attorney or an agent of an attorney conducting an investigation for a potential claim related to Billy Jealousy. You further represent and warrant that any products purchased through this Site are for personal use and not commercial use.
d. Unauthorized Retailers
At Billy Jealousy, quality comes first, and we strive to form strong and lasting relationships with our customers. We always want you to be sure that you are receiving a 100% quality product that goes further than most of its competitors when purchasing Billy Jealousy® products. Unfortunately, unauthorized retailers have been illegally using our registered logos, copyrights, trademarks, and content for their sales. We cannot confirm the authenticity of these products and cannot vouch for their quality. The products sold by these unauthorized retailers may be counterfeit, expired, or contaminated. We have come across evidence that there is a company manufacturing counterfeited Billy Jealousy product from overseas. Please only purchase Billy Jealousy® brand products directly from us, our Site, or from our authorized retailers.
e. No Regular Review
We do not regularly review the Site and its pages.
f. Third Party Use
The Site may contain links to other sites on the Internet that are owned and operated by unaffiliated vendors or other third parties. We are not responsible for the availability or the content located on these websites. Links to other websites does not constitute our endorsement of these websites. If you choose to link or login to social media websites via our website (e.g., Twitter, Facebook), you grant us permission to access and publish the content from those profiles on our website.
g. Product Descriptions and Pricing
We do not warrant that product descriptions or pricing are always accurate, complete, reliable, current, or error-free. Prices are subject to change.
h. Intellectual Property Notices
The Site is protected by United States copyright law, United States trade secret law, United States trademark law, and by international treaty provisions. Do not remove any proprietary notices from materials on the Site. Trademarks appearing on the Site are the property of their respective owners. All site design, text, graphics, interfaces, and the select arrangements thereof of the Site are the copyrighted work of Billy Jealousy. All rights are reserved. Permission is granted to electronically copy and to print hard copy portions of this Site for the sole purpose of placing an order with Billy Jealousy or using the Site as a shopping resource. Any other use of materials on this Site, including reproduction for purposes other than those noted herein, modification, distribution, or republication, without prior written permission of Billy Jealousy is strictly prohibited.
All trademarks, service marks, and trade names (collectively the “Marks”) are proprietary to Billy Jealousy or other respective owners that have granted Billy Jealousy the right and/or license to use such Marks.
The illegal use of any material on our Site in a manner that infringes the copyright, trademark, patent, trade secret, or other proprietary right of any party is strictly prohibited.
i. Reporting Abuse
If you believe that there has been a violation of this Agreement, please contact us at: email@example.com.
Any notices or communications from you to us must be in writing, in English.
k. Limitation of Liability and Warranties
OUR SITE IS PROVIDED “AS IS,” AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWED BY LAW, BILLY JEALOUSY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT MAKE ANY WARRANTY THAT THE SITE, SERVICE, OR ANY FEATURES, FUNCTIONS, OR CONTENT WILL BE PROVIDED UNINTERRUPTED, ERROR-FREE, OR ABSENT OF HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANYTHING PROVIDED TO YOU WILL BE CORRECT, ACCURATE, TIMELY, COMPLETE, OR SUITABLE FOR YOUR NEEDS.
IN ADDITION, BILLY JEALOUSY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, OR CURRENT.
PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
l. No Class Actions Agreement
You agree to defend, indemnify, and hold harmless Billy Jealousy, its officers, and its employees, against any and all third-party claims, suits, costs, losses, liabilities, and expenses of any kind (including reasonable attorneys’ fees) that may incur, arise out of, or result from your use of the Site or from breach of this TOU. ?
n. Resolving Disputes
In the unlikely event that a problem occurs with respect to your use of the Site and/or you believe Billy Jealousy breached the Agreement, Billy Jealousy would like to address your concerns without needing a legal case or proceeding. Before initiating a legal case against Billy Jealousy, we ask that you work with Billy Jealousy to resolve the dispute informally by contacting our Customer Service department.
o. Governing Law; Arbitration; Forum Selection
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
THIS AGREEMENT WILL BE CONSTRUED AND GOVERNED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT APPLICATION OF CHOICE-OF-LAW PROVISIONS THAT WOULD REQUIRE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION. BY USING OUR SITE, ALL PARTIES IRREVOCABLY SUBMIT THEMSELVES TO THE EXCLUSIVE VENUE AND PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS IN DALLAS COUNTY, TEXAS WITH REGARD TO ANY DISPUTE RELATING TO USE OF THE SITE, ANY TRANSACTIONS CONDUCTED THROUGH THE SITE, THE AGREEMENT, OR ITS ENFORCEMENT. THE PARTIES ALSO HEREBY WAIVE ANY CHALLENGES TO VENUE AND PERSONAL JURISDICTION THEY MAY HAVE TO A LAWSUIT FILED IN A STATE OR FEDERAL COUNTY IN DALLAS COUNTY, TEXAS, THAT RELATES TO A DISPUTE BETWEEN THE PARTIES REGARDING USE OF THE SITE, ANY TRANSACTIONS CONDUCTED THROUGH THE SITE, THE AGREEMENT, OR ITS ENFORCEMENT.
IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISION:
FOR ANY CLAIMS (EXCLUDING CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF) THAT SEEK RELIEF LESS THAN $10,000, RELATING TO THE SITE, ANY TRANSACTIONS CONDUCTED THROUGH THE SITE, THE AGREEMENT, OR ITS ENFORCEMENT, THE PARTY SEEKING RELIEF WILL CHOOSE BINDING, NON-APPEARANCE-BASED ARBITRATION THROUGH AN ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION PROVIDER LOCATED IN DALLAS, TEXAS AND AGREED UPON BY BOTH PARTIES. THE ARBITRATION WILL NOT INVOLVE ANY PERSONAL APPEARANCES BY THE PARTIES OR WITNESSES, UNLESS AGREED UPON BY BOTH PARTIES. THE ARBITRATION MUST TAKE PLACE IN DALLAS, TEXAS AND THE ARBITRATOR’S AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
The provisions of the Agreement are intended to be interpreted in a manner in which makes them valid, legal, and enforceable. In the event any provision of the Agreement is found to be partially or wholly invalid, illegal, or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Agreement without affecting the validity, legality, or enforceability of any of the remaining provisions.
This Agreement constitutes the entire agreement between the parties and supersedes any other agreements (oral or written). This Agreement and your use of the Site does not create any agency, partnership, joint venture, employment, or franchise relationship. If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will not be affected. Our failure to enforce any rights granted in the Agreement does not constitute waiver as to the subsequent enforcement of rights or actions reserved by us.
Prepared by Klemchuk LLP, Ecommerce Attorneys
Billy Jealousy respects your privacy and is committed to ensuring the privacy of your personal information. We do not sell, lease, or rent your personal information to third parties. We reserve the right to amend this policy at any time. Please email: firstname.lastname@example.org if you have any questions or comments about this policy.
a. Information We Collect
The Site automatically collects data about visits to the Site (e.g., browser used, date, time, etc.) and information you provide directly to us by placing orders (name, physical address, email address, and financial information such as your credit card number). We also collect information from your creation of a user account, or your sending communications to Billy Jealousy.
b. How We Collect and Use Your Information
The information Billy Jealousy collects will be used to analyze trends and improve our offerings. Billy Jealousy collects, exports, and uses personal information to better serve you and understand your needs and interests. For example, when you order products/services or subscribe to marketing or support materials, we will ask you to provide personal information (e.g., name, shipping address, telephone number, email address, billing information, etc.) to facilitate these transactions.
We reserve the right to contact you regarding issues relating to any order. We may also contact you concerning the products and services of approved business partners.
If required by law, we may disclose information to governmental agencies or parties involved in litigation. Similarly, we may exchange information with other companies for purposes such as fraud protection, security/safety reasons, or to limit our own liability as necessary.
c. Third-Party Use
We grant third-party service providers (e.g., website service providers, contractors, etc.) access to the Site in order to facilitate the usage and servicing of the Site. We use third-party payment processors that have limited access to your information for processing your product purchase payment through the Site.
If we should ever file for bankruptcy or merge with another company, or if we should decide to buy, sell, or reorganize some part or all of our business, we may be required to disclose your personal information and data to prospective or actual purchasers in connection with one of these transactions, and reserve the right to do so.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access, we have put in place physical, electronic, and managerial procedures to safeguard and secure the information we collect online. You recognize, however, that the use of your registered account on a public computer or unsecured network may adversely impact the confidentiality and security of your account and personal data. Moreover, we cannot guarantee the security of your personal data while it is in transmission to us.
Our Site’s information is stored in an electronic database on a third-party server. As such, some information will be accessed or analyzed by a third party.
e. Links to other Websites
The Site may contain hyperlinks to third-party websites. We cannot control how these third-party websites protect or collect your data. Linking to a third-party website does not signal our endorsement of these websites.
f. Unforeseen Circumstances
At times, outages, hacking, malicious interceptions, and other security breaches may occur that are beyond our control. Unfortunately, this can result in unauthorized access of your personal information, and you agree we cannot be held liable for the damages or effects of such breaches. Use of the Site is at your own risk.
The Site gives users the option to opt-out from receiving communications from us as well as requesting deletion from our database. Please email: email@example.com with your opt-out request.
Our services are not directed at children. If you are under 18 or otherwise would be required to have parent or guardian consent to share information with us, you should not send any information about yourself to us. As required by law, if a person under 13 submits information through any part of our services, and we learn the person submitting the information is such a child, we will attempt to delete this information as soon as possible.
i. Special Notices to International Visitors and Customers
We are based in the United States, and the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.
Because we operate globally, we may transfer your personal information and data within our global operations to fulfill our obligations to you. Privacy laws differ across the globe.
If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, including those whose privacy laws may be more strict than U.S. law, please note that you are transferring your personal data to the United States and us. By providing your personal data you consent to that transfer and processing.
Prepared by Klemchuk LLP, Ecommerce Attorneys
The Return Policy governs purchases made through the website BillyJealousy.com (the “Site”). By making a purchase through the Site, you agree with this Return Policy entered between you and Billy Jealousy LLC (“Billy Jealousy,” “we,” “us,” or “our”).
The Return Policy may be changed at any time for any reason. Continued purchases through the Site after changes are published on the Site constitutes acceptance of the changes to the revised Return Policy.
If, for any reason, you are not satisfied with your purchase from the Site you may return it to us within 45 days of purchase and we will issue a full refund to your original method of payment.
a. Refund Requirements
Products must be returned within 45 days of purchase for us to issue a refund. Returns must contain at least 50% of the original contents. Returned product sets must contain all original items included in the set. You can use the original Billy Jealousy shipment box or any unmarked cardboard box.
b. How To Return An Item Or Request An Exchange
If you would like to return an item, please contact us by email at firstname.lastname@example.org and include your Order Number and list of items you wish to return. Upon receipt of the email, a customer service representative of Billy Jealousy will contact you to assist with the return process.
If you would like to make an exchange, please contact us by email at email@example.com and include your Order Number and request for exchange. Upon receipt of the email, a customer service representative of Billy Jealousy will contact you to assist with the exchange process.
c. General Return Policies
Please allow 10-12 business days for the refund to appear on your credit card account. Please note we do not refund shipping fees, including any return shipping fees you may have incurred.
We only accept returns and exchanges for products purchased on the Site. Purchases made in a partnered retail store, website, or spa may not be returned to the Site. If the item you wish to return was not purchased through the Site, please return the product to the place of purchase for resolution.
Gifts cannot be returned for a cash refund, but we are happy to assist you with an exchange provided the gift was purchased from the Site. If you have questions about returning a gift, please contact us by phone at 1-877-445-4496 or via email at firstname.lastname@example.org.
Prepared by Klemchuk LLP, Ecommerce Attorneys
We respect the intellectual property of others. If you believe that material on the Site infringes on your copyright, please send us a notice regarding the copyrighted work. Please make sure that your notice complies with the notice requirements of the Digital Millennium Copyright Act, Title 17, Section 512 of the United States Code.
Please include the following in your written notice and send to <insert registered copyright agent>:
i. A detailed description of the copyrighted work you believe is being infringed upon;
ii. A detailed description of the location of where the alleged infringing content appears (include hyperlink when possible);
iii. Your contact information (including name, address, telephone number, and email address);
iv. A statement affirming that you have a good faith belief that the alleged infringing use is not authorized by you as the copyright owner, your agent, or by law;
v. A statement affirming that, under penalty of perjury, the information in the notice is accurate and that you are indeed authorized to act on behalf of the copyright owner; and
vi. An original signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of the copyright as well as to submit the claim.
Please note that our services are directed at users in the United States. If you are not a U.S. resident, you must consent to the jurisdiction of U.S. courts in order claim protection under U.S. copyright law.
Prepared by Klemchuk LLP, Ecommerce Attorneys