LEMA J USER TERMS AND CONDITIONS
1. ACCEPTANCE OF THE TERMS AND CONDITIONS. Lema J (sometimes referred to as “our”) operates the Website. The Website and links contained within or otherwise available through external hyperlinks within our Website (the “Microsites”) will be collectively referred to as the “Site” in these Terms and Conditions. By using the Site and Lema J’s services through the Site, you (“You” or, “End User”) agree to these Terms and Conditions, and any additional terms applicable to certain programs in which you may elect to participate or with respect to any Microsite, as any of the same may exist from time to time (collectively, the “Terms and Conditions” or “Agreement”). The term “using” includes any person or entity who accesses or uses the site with crawlers, robots, browsers, data mining, or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY LEMA J SERVICE OR CREATE AN ACCOUNT.
2. PERMITTED USES. The Site provides an online boutique service operated by Lema J, where End Users may browse and purchase Lema J products and otherwise learn about Lema J and its beneficiary, the Karma For Cara Foundation, a Maryland nonprofit corporation. As a condition of Your use of this Site, You agree that:
- You are an individual person at least 18 years of age, or, if between 13 and 18 years of age, have consent from Your parent or guardian;
- You are, or Your parent or guardian is, able to create a binding legal obligation;
- You are not barred from receiving products or services under United States law;
- Your use of this Site will at all times comply with the terms of this Agreement; and,
- You have the right to provide any and all information You submit to the Site, the information is only about Yourself, and all such information is accurate, true, current and complete.
3. ACCOUNT CREATION. End Users who wish to purchase Lema J products on the Site must create an Account on the Site. End Users will be asked to enter personal information and credit card information in order to create the Account. All credit card payments will be processed through a third-party credit card processing company.
4. TERMS OF PURCHASE. Products that You purchase through our Site as an End User are special promotional offers that you purchase from participating Merchants through our service. The Promotional Offers are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the Promotional Offer. The Merchant is solely responsible for redeeming the Promotional Offer. The Merchant, and not Lema J, is the issuer of the Promotional Offer and is fully responsible for all goods and services it provides to You and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause You to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Promotional Offer or not. YOU WAIVE AND RELEASE LEMA J AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY LIABILITIES ARISING FROM OR RELATED TO ANY ACT OR OMISSION OF A MERCHANT AND/OR CAUSE IN CONNECTION WITH YOUR REDEMPTION OF A PROMOTIONAL OFFER OR THE GOODS OR SERVICES IT PROVIDES IN CONNECTION WITH THE PROMOTIONAL OFFER, OR THE ADVERTISING OF A CAUSE.
Descriptions of the products or services advertised on the Site are provided by the Merchant or other referenced third-parties. Lema J is not responsible for any performance or quality claims associated with product or service descriptions.
Descriptions of any given Cause’s purpose or other Cause-related information advertised on the Site are provided by the Cause or other referenced third parties. Lema J is not responsible for any claims associated with Cause-related information.
Merchants may advertise services on the Site that may require an up-to-date regulatory authorization, license, or certification. Lema J does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Merchant. You should make whatever investigation or other resources that You deem necessary or appropriate before redeeming any of Merchant’s Promotional Offers to determine if a Merchant is qualified to perform the advertised service. Merchant, and not Lema J, is solely responsible for the care and quality of goods and services being provided.
Lema J is not a health or wellness provider and does not, will not and cannot refer, recommend or endorse any specific professional, services, products, or procedures to the End User that are advertised on the Site. The Site is not intended to be a substitute for professional advice, including medical and health advice, diagnosis, or treatment. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding a health condition. Never delay, disregard or neglect to seek out professional advice relating to Your health because of something You have read on the Site.
Promotional Offers are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification or trade of Promotional Offers is prohibited. All descriptions, content, products, and prices of products and services on the Site may change at any time in Lema J’s discretion, without notice.
5. ACCESS TO THE SITE. Lema J retains the right at its sole discretion to deny service or access to the Site to anyone, at any time and for any reason. You acknowledge that there may be interruptions in service or events that are beyond our control. While Lema J uses reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated.
6. TRANSMISSION OF INFORMATION. Because Lema J does not control the security of the Internet or other networks You use to access the Site or communicate with Lema J, Lema J cannot be and is not responsible for the security of information that You choose to communicate with Lema J and the Site while it is being transmitted. This includes any information relating to the Account, including any credit card information. In addition, Lema J is not responsible for any data lost during transmission.
7. CONDUCT ON THE SITE. The Site is private property. All interactions on this Site must be lawful and must comply with these Terms and Conditions. To the extent your conduct (as judged by Lema J in its sole discretion), restricts or inhibits any other End User from using or enjoying any part of this Site, Lema J may limit or terminate Your privileges on the Site and seek other remedies. PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, as they are prohibited on the Site and constitute express violations of this Agreement:
- Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with using the Site;
- Attempting to access, or actually accessing, data not intended for You, such as logging into a server or an account which You are not authorized to access;
- Attempting to scan or test the security or configuration of the Site or to breach security or authentication measures;
- Tampering or interfering with the proper functioning of any part, page or area of the Site or any functions or services provided by Lema J;
- Attempting to interfere with service to any End User in any manner, including, without limitation, by means of submitting a virus to the Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site;
- Using frames, framing techniques or framing technology to enclose any content included on the Site without Lema J’s express written permission;
- Using any Site content in any meta tags or any other “hidden text” techniques or technologies without Lema J’s express written permission;
- Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Lema J;
- Reselling or repurposing Your access to the Site or any redemptions made through the Site;
- Using the Site or any of its resources to solicit Site End Users, Merchants, Causes, or other partners of Lema J to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Lema J, including without limitation, aggregating current or previously offered Promotional Offers;
- Collecting content from the Site, including but not limited to current or previously offered Promotional Offers, and featuring such content to consumers in any manner that diverts traffic from the Site without Lema J’s express written permission;
- Collecting the personal information, statements, data or content of any Site End Users, Merchants, or Causes;
- Using any End User, Merchant, or Cause information from the Site for any commercial purpose, including, but not limited to, marketing;
- Exceeding or attempting to exceed quantity limits when redeeming Promotional Offers, or for speculative, false, fraudulent or any other purpose not expressly permitted by this Agreement and the terms of a specific Promotional Offer on the Site;
- Accessing, monitoring or copying any content or information from this Site using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without Lema J’s express written permission;
- Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
- Taking any action that places excessive demand on Lema J’s services, or imposes, or may impose, an unreasonable or disproportionately large load on Lema J servers or other portion of its infrastructure, as determined in Lema J’s sole discretion;
- Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with redemptions made through this Site) with material from other sites or on a secondary site without Lema J’s express written permission;
- Deep-linking to any portion of this Site, without Lema J’s express written permission;
- Acting illegally or maliciously against the business interests or reputation of Lema J, Merchants, Causes; or
- Hyperlinking to the Site from any other website without Lema J’s initial and ongoing consent.
1. PRODUCT WARRANTY. All products are sold AS IS and on an AS AVAILABLE basis. While Lema J works to ensure that the product information on the Site is correct, we cannot and do not guarantee that product and/or service descriptions are accurate or complete. Lema J does not guarantee that all products will be available for purchase at all times, even though products may appear on the Site. All information is provided for informational purposes only, and Lema J encourages You to read all information presented on labels and directions which accompany the items before use. Lema J has taken reasonable steps to display as accurately as possible the colors and other details of products and/or services that it advertises. However, the colors and details You see on the Site will depend on the equipment You use to view the Site. Lema J cannot and does not guarantee that the display of any color or other details on Your television, mobile device, computer or other device will exactly reflect the color or details of the actual items. Lema J accepts no liability for inaccuracies or misstatements about Lema J products by other third parties
2. MODIFICATION OF THIS AGREEMENT. Lema J reserves the right at all times to discontinue or modify any part of this Agreement as it deems necessary or desirable without notifying You. Any changes to these Terms and Conditions will be effective immediately. We suggest that You review these Terms and Conditions from time to time to ensure that You stay informed of any such modifications to the Site. Your use of the Site after Lema J updates these Terms and Conditions will constitute acceptance of the modified Terms and Conditions.
Lema J also reserves the right to change or discontinue any aspect or feature of Lema J services or the Site including, but not limited to, requirements for access or use.
3. OWNERSHIP OF THE SITE. The content and information on the Site as well as the infrastructure used to provide both, is proprietary to Lema J. Lema J grants You a limited, personal, nontransferable, nonexclusive, revocable license to access and use the Site pursuant to this Agreement and to any additional terms and policies set forth by Lema J. You agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any data, content, information, software, products or services obtained from or through the Site without the express permission of Lema J. In addition, You may not make any use that exceeds or violates these Terms and Conditions
4. COPYRIGHT AND TRADEMARKS. This Site may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the contents of the Site may be protected by copyright, trademark, and other intellectual property laws of the United States. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale of, create derivative works from, or in any way exploit any of Lema J’s content, in whole or in part. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, You shall make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that You do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject You to civil and/or criminal penalties.
The Site contains a “Design a Cuff” feature, which allows You to create a customized product by choosing different sizes, styles, colors and patterns to create a product that may not otherwise be available on the Site. You acknowledge that Lema J owns all copyright and other intellectual property interests in any designs You may create when using the “Design a Cuff” feature, that Lema J owes You no compensation for any designs You may create, and that Lema J has the full, exclusive, worldwide, irrevocable right to reproduce the design You may create, or to create derivative works therefrom.
You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Lema J does not have any express burden or responsibility to provide You with indications, markings or anything else that may aid You in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
“Lema J”, the Lema J logos, and variations thereof found on the Site belong to Lema J and all use of these marks inures to the benefit of Lema J. Other marks not owned by Lema J may appear on the Site and may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Lema J unless otherwise stated, or may be the property of their respective owners. You may not use Lema J’s name, logos, trademarks, or brands without Lema J’s express permission.
5. UNSOLICITED IDEAS. Lema J does not accept or consider, directly or through any Lema J employee or agent, unsolicited ideas of any kind, including without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send Lema J (or any Lema J employees) any unsolicited ideas, suggestions, material, images or other work in any form (“unsolicited materials”). If You send Lema J unsolicited materials, You understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
- Lema J has no obligation to review any unsolicited materials, nor to keep any unsolicited materials confidential; and
- Lema J will own, and may use and redistribute unsolicited materials for any purpose, without restriction and free of any obligation to acknowledge or compensate You.
6. DISCLAIMER OF WARRANTY. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER LEMA J, ITS SUBSIDIARIES AFFILIATES NOR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, CAUSES, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS), SERVICES, PRODUCTS OR STATEMENTS PROVIDED THROUGH THIS SITE. THE SITE AND ALL CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. LEMA J HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE AND NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
8. WEBSITES OF OTHERS. The Site contains links to websites maintained by Merchants, Causes, or other third parties. These links are provided solely as a convenience to You. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If You decide to access websites maintained by other parties, You do so at Your own risk.
9. INDEMNIFICATION/RELEASE. You agree to defend, indemnify and hold harmless Lema J, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any redemption of a Promotional Offer, or any Statements submitted or posted by You, in connection with the Site, or any use of the Site in violation of these Terms.
You are solely responsible for your interactions with Merchants, Causes, and other End Users of the Site. To the extent permitted under applicable laws, You hereby release Lema J from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Promotional Offer, and any conduct, speech, or Statements, whether online or offline, of any Cause, or any other End User.
1. TERMINATION OF TERMS AND CONDITIONS. Lema J may terminate these Terms and Conditions at any time. Notwithstanding the preceding sentence, these Terms and Conditions will survive termination of this Agreement.
2. CHOICE OF LAW. Any disputes arising out of or related to these Terms and Conditions and/or any use by You of the Site or Lema J’s services shall be governed by the internal laws of the State of Illinois, without regard to its choice of law rules and without regard to conflicts of laws principles.
3. PUBLIC NATURE OF COMMUNITIES AND COMMENTS. You acknowledge that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read Your communications without Your knowledge. LEMA J DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY COMMUNITY, AND, THEREFORE, LEMA J SPECIFICALLY DISCLAIMS ANY LIABILITY CONCERNING THE COMMUNITIES AND ANY ACTIONS RESULTING FROM END USERS’ PARTICIPATION IN ANY COMMUNITY, INCLUDING ANY OBJECTIONABLE CONTENT. Generally, any communication which End User posts to Lema J (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. By posting comments, messages or other information on the Site, End User grants Lema J the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. Lema J retains the right to remove obscenity, threats, defamatory content or any other content that it deems in its sole discretion not to contribute to the primary objectives of the Site. Lema J also retains the right to monitor, sanction, suspend and/or terminate the Account of any End User who violates this term. You acknowledge, however, that Lema J is not liable to You for any emotional, mental or physical injury You may incur as a result of any content posted by an End User on the Site.
4. MISCELLANEOUS. No waiver by Lema J of any breach, default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under this Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of this Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect.
You are contracting with Lema J, LLC. Correspondence should be directed to: Lema J, 676 N. LaSalle Blvd., Suite 626, Chicago, Illinois 60654.
If You are a California resident, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
The provisions of these Terms and Conditions apply equally to and are for the benefit of Lema J, its subsidiaries, affiliates, Merchants, Causes, and its third-party content providers and licensors.