Terms & Conditions
jClub Messaging Terms & Conditions
Description and Use of Our Websites
We provide Users with access to the Site as described below, and make the following distinctions between Users:
A Visitor is a User who has not created an Account with jClub. Without logging into the Site, a Visitor may: (i) view all publicly-available content on the Site; and (ii) e-mail us.
A Member is a User who has created an Account with jClub and may log in to the Site. A Member may: (i) view all publicly-available content on the Site; (ii) e-mail us; (iii) purchase products through the Site; (iv) access exclusive content available only to Members; (v) create, access, manage, and update his or her own personal accounts on the Site; and (vi) post comments and other content on the Site.
jClub may accept or reject any Member in its sole and complete discretion. In addition, jClub may deactivate any Account at any time, including, but not limited to, when a Member has violated these Terms & Conditions.
Site Guidelines (a/k/a Just Don’t Do Bad Things)
By accessing and/or using the Site, you agree to comply with the following Site Guidelines (the “Site Guidelines”):
- You will comply with all applicable laws (see section titled “Jurisdiction and Applicable Law” herein) in your access or use of the Site and will not use the Site for any unlawful purpose within the scope of these Terms & Conditions;
- You will not upload, post, e-mail, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is false, inaccurate, misleading, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar personal information.
- You will not stalk, threaten, or otherwise harass another person;
- You will not access or use the Site to collect any market research for a competing business;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with or attempt to interrupt the proper operation of the Site through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Site through hacking, password or data mining, or any other means;
- You will not distribute or post spam, unsolicited bulk electronic communications, chain letters, or pyramid schemes;
- You will not copy, modify, or distribute any content or materials from the Site, any services or tools, or any of jClub’s trademarks;
- You will not harvest or otherwise collect any information about other Users, including email addresses or user preferences without their or jClub’s express written consent; and
- You will not hack, modify, circumvent, or otherwise attempt to access portions of data contained within the Site that are not explicitly presented to you.
Access to the Site is restricted to individuals aged 13 years or older. While using the Site, User agrees not to use the site if User is not able to form legally binding contracts, or is temporarily or indefinitely suspended from using the Site.
Without limiting any other remedies, jClub may limit, suspend, or terminate any User’s access or ability to use the Site and its content, if jClub determines in its sole discretion that such User is or may be violating these Terms & Conditions;, or acting inconsistently with the letter or spirit of jClub’s policies, or is otherwise creating a negative user experience for other Users. jClub reserves the right to cancel unconfirmed accounts that have been inactive for an extended period of time, or to modify or discontinue any part of or all of the Site. jClub reserves the right to take any technical or legal steps to prevent misuse of the Site and to delay or remove hosted content for any reason.
Sign-In Name; Password; Unique Identifiers
If you are a Member, you will be prompted to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you shall provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password and Unique Identifiers shall be used by only one Member. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered or payments made through the Site using one or more of them. You shall promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. jClub will not be liable for any loss or damage caused by any unauthorized use of your account.
Fees and Payment
As consideration for any purchase(s) you make on the Site, you shall pay jClub all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provide during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same.
You shall provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). If payment of all applicable fees and taxes is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance.
jClub may choose to temporarily reduce fees for promotional events or to promote new services (a “Promotional Event”), and such changes shall be effective upon posting of notice of the Promotional Event on the Site. jClub reserves the right to cancel any Promotional Event before its originally stated expiration date, without notice, and at jClub’s sole discretion.
Unless otherwise stated, all fees are quoted in U.S. Dollars.
Our policies regarding shipping and free-of-charge returns can be found on the Site and are hereby incorporated by reference. You are solely responsible for reviewing said policies.
All text, images, marks, logos, compilations, and other content of the Site, excluding any Member Content (collectively referred to as the “Content”) are proprietary to jClub or to third parties. All software used on the Site is proprietary to jClub or to third parties, and any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation, or other reduction of such software to human-readable form is prohibited.
The Content is protected under both United States and foreign laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited without jClub’s prior written consent.
The trademarks, service marks, and logos of jClub (the “Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of jClub. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific to each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing.
All goodwill generated from the use of jClub Trademarks inures to our benefit.
None of the Content may be retransmitted without our express, written consent for each and every instance.
“Member Content” means any photographs, images, text, drawings, pictures, comments, questions, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information, provided by the Member to jClub, whether in the form of email or submissions to jClub, or postings on the Site, or testimonials about jClub. When you submit Member Content to jClub, you grant jClub a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right under all copyright, trademark, patent, trade secret, publicity, privacy and other proprietary or intellectual property rights in the Member Content, to use, copy, modify, make derivative works, publish, broadcast, display, and distribute the Member Content in any media known now or in the future. You represent and warrant that you have all right, title, and interest in and to such copyright, trademark, publicity and database rights as are necessary to grant the above rights to jClub.
Communications With Us
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in or derived from your communications for any purpose whatsoever including but not limited to the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
No Warranties; Limitation of Liability
THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXCLUDING THOSE EXPLICITLY SET FORTH HERE OR ELSEWHERE ON THE SITE, AND INCLUDING BUT NOT LIMITED TO THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
(I) WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SITE FROM WHATEVER CAUSE, AND YOU AGREE THAT YOU USE THE CONTENT AND THE SITE AT YOUR OWN RISK;
(II) WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE;
(III) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND,
(IV) OUR AGGREGATE LIABILITY SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID US IN CONNECTION WITH THE APPLICABLE ORDER OR MATTER GIVING RISE TO THE CLAIM. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
jClub, including its officers, directors, employees and affiliates shall not be responsible for, and hereby disclaims any and all liability for death or personal injury unless caused by the jClub or such person’s gross negligence or willful misconduct. Whether or not jClub has been advised of the possibility of such damages, jClub will not have any liability to you for any claim to the extent that such claim arises out of, is in connection with the jClub services, or can be characterized as a claim for: loss of revenue or profits, loss of business opportunity or loss of contracts, loss of goodwill or injury to reputation, indirect, incidental, consequential, exemplary or special loss or damage; or anticipated savings.
jClub shall not be liable to you and will not be deemed to be in breach of these Terms & Conditions for any delay in performing, or failure to perform services where such delay or failure is due to causes or events beyond jClub reasonable control.
Applicable law may not allow the limitation or liability as set forth in this Section of these Terms & Conditions so limitation of liability may not apply to you. IF ANY PART OF THIS LIMITATION OF LIABILITY IN SECTION IS FOUND TO BE INVALID, INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON THEN THE AGGREGATE LIABILITY OF JCLUB AND ITS AFFILIATES IN SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE GREATER OF TWO HUNDRED DOLLARS ($200.00) OR THE AGGREGRATE PAID BY YOU TO JCLUB WITH RESPECT TO THE TRANSACTION FOR WHICH SUCH LIABILITY IS CLAIMED, under all circumstances, you are solely responsible for making your own arrangements for the payment or insurance of any excess loss.
The Site may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others outside the scope of jClub agency. You are solely responsible for contacting the site administrator or webmaster for any such External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You are solely responsible for taking precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
jClub takes the intellectual property rights of others seriously and complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended).
If you have any complaints or objections to material posted on the Site, you may contact our designated Copyright Agent at the following address:
J Club, Inc.
1200 Avenue of the Americas, 5th Floor
New York, NY 10036
If writing to us at either our physical or e-mail address, please make sure to use the subject line “DMCA Notice” and provide the following information to our Copyright Agent (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including, without limitation, telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
jClub warrants that it will keep secret any confidential information that jClub possesses concerning the Member using a degree of care equal to the degree of care that jClub uses in connection with the treatment of its own confidential information, but in no event less than reasonable care. jClub will not copy, publish, use or disclose a Member’s confidential information except that such confidential information may be disclosed (i) to employees or vendors on a need to know basis and as may be reasonably required in connection with the performance of jClub’s obligations under these Terms & Conditions, or (ii) in connection with the defense of any action; or (iii) as authorized by the Member or by these Terms & Conditions. If jClub is required (by oral questions, interrogatories, requests for information or documents, subpoena, civil investigation demand or similar process) to disclose any confidential information of the Member, jClub will reasonably cooperate with the Member and provide the Member with prompt notice of such request(s) as reasonably possible or so that the Member may seek an appropriate protective order.
The obligation at this Section shall cease to apply to information or knowledge which (i) has become public knowledge otherwise than through any unauthorized disclosure or other breach by jClub; (ii) jClub lawfully receives from a third party without restriction on disclosure and without breach or nondisclosure obligation; or (iii) jClub knew prior to receiving or acquiring such information or develops such information independently.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms & Conditions or your access to, use, or misuse of the Content or the Site. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
jClub complies with all requirements and obligations under the USA Patriot Act as it concerns the dealing of precious metals, stones and jewels. A compliance officer is appointed and an Anti-Money Laundering program has been implemented by the Company. All transactions and refunds are monitored under this program.
Jurisdiction and Applicable Law
The laws of the State of New York govern these Terms & Conditions and your use of the Site, and, subject to the arbitration provisions contained herein, you irrevocably consent to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in the State of New York, County of New York for purposes of adjudicating any action arising out of or relating to these Terms & Conditions;or use of the Site, except for those matters to be arbitrated. Although Users may access this site from other jurisdictions, this Site is designed to comply with the laws of the State of New York and of the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
We reserve the exclusive right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
Any dispute, claim or controversy between you and jClub arising out of, relating to, associated with these Terms & Conditions (and the terms and provisions contained therein), or the breach thereof, the Content, or the Site (each a “Claim”) shall be submitted to and determined by arbitration in the State of New York, County of New York, pursuant to the rules then obtaining of the American Arbitration Association, before a single arbitrator. The determination of the arbitrator shall be final binding and conclusive upon all parties and may be enforced not only in the courts of the State of New York, County of New York, to which jurisdiction the parties hereto agree to submit, but in any court of competent jurisdiction. Notwithstanding the foregoing, any party hereto may seek interim or provisional equitable relief in a court specified in herein, prior to the commencement of an arbitration proceeding without waiving his right to demand or proceed to arbitration herein, in order to enjoin the breach or threatened breach of any of the terms and provisions hereunder.
The arbitrator sitting in any dispute or controversy arising hereunder shall not have the authority or the power to modify or alter any express condition or provision of these Terms & Conditions to render an award which by its terms, has the effect of altering or modifying any express condition or provision of this agreement, and the arbitrators’ failure to comply with this provision shall constitute grounds for vacating an award.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Claim between jClub and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any court of competent jurisdiction, arbitrator or arbitration panel finds any provision of these Terms & Conditions to be unenforceable, the remaining provisions shall be unimpaired and the unenforceable provision shall be reformed without further action by the parties and only to the extent necessary to make such provision valid and enforceable to achieve the like fundamental benefits, effect and economic intent of such provision.
Revisions to the Terms & Conditions. jClub may revise the Terms & Conditions from time to time and will notify Users in writing of any such revision. Your continuing use of the Site and its services will indicate your acceptance of the revised Terms & Conditions in any event.
No Third Party Beneficiary Rights. No person, firm, corporation, partnership, business, entity or business organization, except as specifically provided for herein, shall be deemed a third party beneficiary under these Terms & Conditions.
Waiver. Our failure to act on or enforce any provision of these Terms & Conditions shall not be construed as a waiver of that provision or any other provision in this Terms & Conditions. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
Assignment. You may not assign these Terms & Conditions, or any rights, benefits or obligations hereunder, by operation of law or otherwise, without the express written permission of jClub which may be granted or withheld in jClub’s sole and absolute discretion. Any attempted assignment that does not comply with these Terms & Conditions shall be null and void. jClub may assign its rights, benefits or obligations hereunder, in whole or in part, to any third-party in its sole discretion at any time.
Survival. Any provision of these Terms & Conditions which, by its nature, would survive Termination or expiration of these Terms & Conditions will survive any such Termination or expiration of these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Amendments Must Be In Writing. Except as otherwise provided herein, jClub shall not be bound by any amendment, supplement, cancellation or discharge of the Terms & Conditions except if the same is in writing and signed by an authorized officer of jClub.
Effective Date: January 12, 2017