Last Modified: December 19, 2018 - 16:30 (GMT -5:00)
Welcome to Our Site's User Agreement (hereinafter "Agreement" or "Terms and Conditions"). The provisions of this Agreement will govern your use of Our Site, jestersoutlet.com ("JESTERS OUTLET" or "Company"), and you should therefore take some time to read the Agreement carefully. We hope that you thoroughly enjoy our services, and we anticipate that you will find Our Site and Services useful and entertaining. Should you have any questions or comments regarding Our Site, or its policies, please feel free to contact us at: email@example.com
JESTERS OUTLET and/or its affiliates provide website features to you subject to the following Terms and Conditions. If you visit or shop at jestersoutlet.com, you hereby accept these Terms and Conditions. Please read them carefully. In addition, when You use any current or future JESTERS OUTLET service or business (e.g. Your profile, gift cards, inbox, or Your media library), You also will be subject to the guidelines, terms and agreements applicable to such service or business.
1. Preliminary Provisions
1.1. Through these Terms and Conditions, We are placing legal conditions on your use of this Site and making certain promises to you. You must agree to all of the conditions in this Agreement. You do not need to use Our Site and Services, therefore if you do not wish to be bound by each and every provision in this Agreement, then you are not welcome to use this Site and should leave and use another service.
1.2. Party Definitions and Introductory Terms - The operative parties referred to in this Agreement are defined as follows:
1.2.1. Jestersoutlet.com (the "Site") is managed by Virtu Citi LLC Hereinafter located at 1205 Lincoln Road, Suite 220. Miami Beach FL 33139. Virtu Citi LLC shall be referred to as "JESTERS OUTLET" or "Company." When first-person pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) these provisions are referring to Company as publisher of the jestersoutlet.com site (the "Site"). Our Site(s), and the Services the Site provides ("Services"), may contain images and content, including but not limited to text, software, images, graphics, data, messages, or any other information, and any other website content owned, operated, licensed, or controlled by the Company (collectively, "Materials").
1.2.2. You, the User - As the User of this Site and/or Services, this Agreement will refer to the User as "You" or through any second-person pronouns, such as "Yours," etc. Hereinafter, the User of the Site and/or Services shall be referred to in applicable second-person pronouns.
1.2.3. Consideration - Consideration for Your acquiescence to all of the provisions in this Agreement has been provided to you in the form of allowing you to use Our Site and Our Services. You agree that such Consideration is both adequate, and that it is received upon your viewing or using any portion of any of Our Site(s) and/or Services.
1.3. Electronic signatures / assent required:
1.3.1. Nobody is authorized to access this Site or use the Services unless they have signed this Agreement. Such signature does not need to be a physical signature, since electronic acceptance of this Agreement is permitted by the Electronic Signatures in Global and National Commerce Act (E-Sign Act) and similar federal and state laws. By using any part of Our Site or Services in any manner, including the Promotion, You understand and agree that we will consider such use as your affirmation of Your complete and unconditional acceptance of all of the terms in this Agreement.
1.3.2. If you fail to sign this Agreement, You understand that you are an unauthorized user of the Site and Services, despite any payments or purchases made by you. No act or omission by us should be interpreted as a waiver of the requirement that you assent to this Agreement. If you fail to do so, you are still bound by the terms of this Agreement by virtue of your viewing the Site or using any portion of the Site or Our Services. If you are seeking information regarding any illegal activities, please leave this Site immediately and do not attempt to use the Services.
1.4. You agree not to use the Services or access the Site if doing so would violate the laws of your state, province, or country.
1.5. Revisions to this User Agreement:
1.5.1. From time to time, we may revise this Agreement. We reserve the right to do so, and you agree that we have this right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. Any updated or edited version of this Agreement supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. To the extent any amendment of this Agreement is deemed ineffective or invalid by any court, the parties intend that the prior, effective version of this Agreement be considered valid and enforceable to the fullest extent.
1.5.2. We agree that if we change anything in this Agreement, We will change the "last modified" date at the top of this Agreement so that it is immediately obvious that we have updated the Agreement. You agree to periodically re-visit this web page, and to use the "refresh" button on your browser when doing so. You agree to note the date of the last revision to this Agreement. If the "last modified" date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the "last modified" date has changed, then You can be certain that something in the Agreement has been changed, and that you need to re-review it in order to determine how Your rights and responsibilities may have been affected by the revisions.
1.5.3. Waiver – if you fail to periodically review this Agreement to determine if any of the terms have changed, you assume all responsibility for your failure to do so and you agree that such failure amounts to your affirmative waiver of your right to review the amended terms. We are not responsible for your neglect of your legal rights.
1.6. Incorporations by Reference. Although this Agreement represents the primary terms and conditions of service for Our Site, additional guidelines and rules are hereby incorporated by reference. The document(s) which can be found on Our Site(s) and Services, and which are specifically incorporated by reference, and are therefore part and parcel of this Agreement are the following:
1.6.1. Your account - If you use this Site, You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. JESTERS OUTLET does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under eighteen (18) years old, you may use jestersoutlet.com only with the involvement of a parent or guardian. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
1.6.2. J points - J pts is a Promotional Loyalty Program issued by the Site; this can only be used to acquire goods at jestersoutlet.com.
You will have the opportunity to accumulate “Loyalty Points” from now on called “J points” through your use of the Service. J points are virtual loyalty points that you can use to “purchase” retail items within the Service. You do not in fact own the J points you accumulate and the amounts of any Loyalty Points You accumulate do not refer to any credit balance of real currency or its equivalent. Rather, by “earning”, “buying”, or “purchasing” J points, You are merely granted a limited license to use the software programs that manifest themselves as the Loyalty Points. In the event we encounter issues with the game that impact the accumulation of J points and/or the redemption of rewards, the Company reserves the right to correct any such errors.
188.8.131.52. J points can be acquired by purchasing goods at jestersoutlet.com, and our customers will be awarded with a promotional discount on the purchase of certain products, in the form of J points.
184.108.40.206 J points can also be purchased at jestersoutlet.com or by participating in our promotion, located at www.jesterswin.com. Further information regarding our promotion can be found in the JESTERS WIN Terms and Conditions, which are incorporated herein by reference as set forth in Section 1.6 above.
220.127.116.11 There are NO REFUNDS for the purchase of J points.
18.104.22.168. J points cannot be exchanged for cash, cashed-out, resold, exchanged or transferred in any way. J points can only be used by the individual account holder to obtain or redeem products at jestersoutlet.com.
22.214.171.124. New customers or "BRONZE" status customers, who purchase J points and participate in our www.jesterswin.com promotion, must use their J points before they reach $5000 in J point purchases.
126.96.36.199. We reserve the right to withhold any new purchases of J points if no use of the J points is made to obtain products at jestersoutlet.com.
188.8.131.52. Exceptions may be made if the customer would like to purchase high value products. Customers may contact our support team via LIVE CHAT to facilitate the purchase of high value products using J points.
184.108.40.206. J point is a unique promotional tool designed to give jestersoutlet.com customers fun and value.
2. Chargeback Abuse Policy
In the event that a chargeback is placed on a purchase, we reserve the right to report the incident for inclusion in a chargeback abuser database. The information reported will include full name, email, order date, order amount, IP address, full address and phone number.
Fraud cases will be handled to the full extent allowed by law.
3. Reviews, Comments, Communications, and Other Content:
3.1. Visitors may post reviews, comments, photos, and other content; send e-cards and other communications, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of 'spam'. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
3.2. If you do post content or submit material, and unless We indicate otherwise, You grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company and its sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that You own or otherwise control all of the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from content You supply. The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.
3.2.1. License and Site Access - JESTERS OUTLET grants You a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data-mining, robots, or similar data-gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of JESTERS OUTLET without express written consent. You may not use any meta tags or any other 'hidden text' utilizing JESTERS OUTLET's name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of jestersoutlet.com so long as the link does not portray JESTERS OUTLET, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any JESTERS OUTLET logo or other proprietary graphic or trademark as part of the link without express written permission.
3.3. Risk of Loss - All items purchased from JESTERS OUTLET are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
3.4. Returns, Refunds And Title - JESTERS OUTLET does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, JESTERS OUTLET does not take title to the refunded item.
3.5. Product Descriptions - JESTERS OUTLET attempts to be as accurate as possible. However, JESTERS OUTLET does not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. If a product offered by JESTERS OUTLET itself is not as described, your sole remedy is to return it in unused condition.
4.1. Except where noted otherwise, the list price displayed for products on Our Site represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice, or the estimated retail value for a comparably featured item offered elsewhere. The list price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the list price may represent an 'open-stock' price, which means the total of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the list price may be provided by the merchant.
4.2. Please note that this policy applies only to products sold and shipped by JESTERS OUTLET. Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
4.2.1. Electronic communications - When You visit jestersoutlet.com or send e-mails to us, you are communicating with us electronically, and you hereby consent to receive such communications from us. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4.2.2. Copyright - All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of the Company and is protected by U.S. and international copyright laws. All software used on this Site is the property of the Company or its software suppliers and is protected by United States and international copyright laws.
4.2.3 The Materials accessible from the Site, Services, and any other Site owned, operated, licensed, or controlled by Us are Our proprietary information and valuable intellectual property and We retain all right, title, and interest in the Materials.
4.3. The Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without our prior written consent, except that You may print out a copy of the Materials solely for Your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials.
4.4. Modification or use of the Materials except as expressly provided in this Agreement violates our intellectual property rights.
4.5. Neither title nor intellectual property rights are transferred to you by access to the Site and Services.
4.6. Copyright complaints - JESTERS OUTLET respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement please contact us immediately.
4.6.1. Trademarks - The name of the Site, JESTERS OUTLET, and J POINTS are considered service marks owned by us. We aggressively defend our intellectual property rights. In addition, jestersoutlet.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress, owned or licensed by the Company in the U.S. and/or other countries. JESTERS OUTLET trademarks and trade dress may not be used in connection with any product or service that is not JESTERS OUTLET's, in any manner that is likely to cause confusion among customers or in any manner that disparages JESTERS OUTLET. All other trademarks not owned by JESTERS OUTLET that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by JESTERS OUTLET.
4.6.2. Patents - One or more patents owned by the Company apply to this Site and to the features and Services accessible via the Site. Portions of this Site operate under the license of one or more patents.
5. Other businesses – Links to Third Party Websites
5.1. Parties other than JESTERS OUTLET operate stores, provide services, or sell product lines on this Site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. JESTERS OUTLET does not assume any responsibility or liability for the actions, product, and content of these and/or any other third parties. You should carefully review each third party's privacy statements and other conditions of use.
6. Disclaimer of Warranties and Limitation of Liability
6.1. This Site and all information, content, materials, products (including software) and Services included on or otherwise made available to you through this Site are provided by JESTERS OUTLET on an 'as is' and 'as available' basis, unless otherwise specified in writing. JESTERS OUTLET makes no representations or warranties of any kind, outright or implied, as to the operation of this Site or the information, content, materials, products (including software) or Services included on or otherwise made available to you through this Site, unless otherwise specified in writing. You fully agree that your use of this Site is at your sole risk.
6.2. To the full extent permissible by applicable law, JESTERS OUTLET disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and suitability for a particular purpose. JESTERS OUTLET does not warrant that this Site, information, content, materials, products (including software) or Services included on or otherwise made available to you through this Site, the servers, or electronic communications sent from JESTERS OUTLET, are free of viruses and/or other harmful components. JESTERS OUTLET will not be liable for any damages of any kind arising from the use of this Site or from any information, content, materials, products (including software) or Services included on or otherwise made available to you through this Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
6.3. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
7.1. Any dispute or claim relating in any way to Your visit to jestersoutlet.com or to products or services sold or distributed by JESTERS OUTLET or through jestersoutlet.com will be resolved by binding arbitration, rather than in court, except that You may assert claims in a small claims court if Your claims qualify. The federal arbitration act and federal arbitration law apply to this Agreement.
7.2. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these conditions of use as a court would.
7.3. The parties to this Agreement (the Company and You) each agree that any dispute-resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, the parties each waive any right to a jury trial or class action. The parties also both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
7.3.1. Applicable law - By visiting jestersoutlet.com, you agree that the federal arbitration act, applicable federal law, and the laws of the State of Washington, without regard to principles of conflict of laws, will govern these conditions of use and any dispute of any sort that might arise between you and JESTERS OUTLET.
7.3.2. No Agency Relationship: Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
8.1. Notice. Any notice required to be given under this Agreement may be provided by email to a functioning email address of the party to be noticed, by a general posting on the Site, or personal delivery by commercial carrier such as Federal Express or DHL. Notices by customers to us shall be given by electronic messages unless otherwise specified in the Agreement.
8.2. Change of Address. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of the Agreement.
8.3. When Notice is Effective. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier (e.g., United States Express Mail or Federal Express) shall be deemed delivered on the business day following mailing. Notices mailed by United States Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) days after mailing. Notices delivered by any other method shall be deemed given upon receipt. Notices by email and facsimile transmission, with confirmation from the transmitting machine that the transmission was completed, are acceptable under this Agreement provided that they are delivered one (1) hour after transmission if sent during the recipient's business hours, or 9:00 a.m. (recipient's time) the next business day. Either party may, by giving the other party appropriate written notice, change the designated address, fax number and/or recipient for any notice or courtesy copy, hereunder.
8.4. Refused, Unclaimed, or Undeliverable Notice. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, facsimile machine, email server, or overnight delivery service.
8.4.1. Communications Not Private - We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to us shall be deemed to be readily accessible to the general public. Visitors should not use this Site or Services to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages and other content entered into this Site or Services can and may be read by the agents and operators of the Site or Services, regardless of whether they are the intended recipients of such messages.
8.4.2. Force Majeure - We shall not be responsible for any failure to perform due to unforeseen circumstances or causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the Site's or Services' performance.
9. Miscellaneous Provisions:
9.1. Assignment. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
9.2. Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.
9.3. Complaints – California Residents: The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at: http://www.dca.ca.gov/about_dca/contactus.shtml.
9.4. No Waiver. No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
9.5. Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
9.6. Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Site, Services and the Materials contained therein, and your use of the Site and Services, and supersede and replace all prior understandings or agreements, written or oral, regarding such subject matter.
9.7. Other Jurisdictions. We make no representation that the Site, Services or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Site and Services from such locations do on their own initiative and are solely responsible for determining compliance with all applicable local laws.