Background and Introduction
Welcome to our website! As you have no doubt experienced with virtually all websites, your use of this site is subject to certain terms and conditions of use (these "Terms") set forth below. These Terms are important for both you and us as they create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business.
JEM Enterprise, a California company, is the owner of the website and web-application accessible via www.evestemptation.com (the “Site” or “Website”). References in this Terms and Conditions to "we", "us", “our”, and Website are to JEM Enterprise (doing business as “Eve by Eve’s” and “Eve’s Temptation”); and references to "your", "you", or “users” include anyone who uses our website and/or services and/or purchases products from our retail stores, as well as communicates with our customer service representatives.
Use of Our Website
You agree that:
When you send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the website. 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.
The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, catalogues, messages, graphics, software and the HTML used to generate the pages (collectively, "Materials"), is the property of JEM Enterprise or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through the Site is the exclusive property of JEM Enterprise and protected by U.S. and international copyright laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of JEM Enterprise. We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained on the Site. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion. Nothing on the Site should be construed to grant any license or right to use any JEM Enterprise Intellectual Property without the prior written consent of JEM Enterprise.
The Site’s graphics, logos, page headers, button icons, scripts, and service names included in or made available through this Site are trademarks or trade dress of JEM Enterprise in the U.S. and other countries. JEM Enterprise trademarks and trade dress may not be used in connection with any product or service that is not under our service names, such as EVE BY EVE'S and EVE’S TEMPTATION, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by JEM Enterprise that appear in any JEM Enterprise owned Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by JEM Enterprise.
Reviews, Comments, Communications, and Other Content
As part of your use of the Site and services offered on the Site, you may upload, post, distribute or disseminate (collectively, "post") content and material (including but not limited to, photographs, images you have taken, captions and comments), or you may send or e-mail us material (including but not limited to, photographs you have taken, articles you have written, captions, and comments) which we, at our discretion, may allow you to post (collectively, the "Posted Content") on the Site. You hereby grant JEM Enterprise a right (including any moral rights) and worldwide license to use the Posted Content on the Site and to promote and advertise the Site and JEM Enterprise in any way. Users may post reviews, comments, and other content; send 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 content.
We are pleased to hear from our visitors and welcome your comments. Because of the large number of ideas and works that JEM Enterprise has already developed, or that have been suggested to us by third parties, the possibility exists that any idea, suggestion or submission that you may make through this Site is similar to information, ideas or suggestions already known to us. By disclosing any information, idea, suggestion or other material through this Site, you agree that (a) no confidential relationship is established by virtue of such submission and that the material is not submitted in confidence and (b) no obligation of any kind is assumed by, nor may be implied against, JEM Enterprise by virtue of such submission. Moreover, no liability shall result from the use of such information, ideas or suggestions by JEM Enterprise.
JEM Enterprise does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content by other users will be at your own risk. JEM Enterprise does not confirm that each user is who he or she claims to be. JEM Enterprise exercises a great effort to protect posted Content from being misused. However, if misuse has occurred JEM Enterprise is in no way liable for such misuse.
JEM Enterprise reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant JEM Enterprise a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable 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 JEM Enterprise and its sublicensees 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 JEM Enterprise for all claims resulting from content you supply. JEM Enterprise has the right but not the obligation to monitor and edit or remove any activity or content. JEM Enterprise takes no responsibility and assumes no liability for any content posted by you or any third party.
JEM Enterprise is not responsible or liable for failure to store posted content or other materials you transmit through this site. You should take measures to preserve copies of any data, material, content or information you post on the site.
Risk of Loss
Risk of loss, damage and title for items purchased on this Site will pass to you upon our delivery to the carrier. JEM Enterprise is not liable for any loss or any damage to products purchased by you, if you have provided an incorrect delivery address to us when placing your order on our Website. Please review our Shipping Policy and Return & Exchange Policy. All items you purchase from this Website and our retail stores are subject to our Shipping Policy and Return & Exchange Policy.
Returns, Exchanges, Refunds and Title
JEM Enterprise does not take title to returned items until the item arrives at our returns center. Please take good and reasonable care of the products while they are in your possession, and original boxes, tags/stickers and wrappings should be retained and used for the return of the products. At our discretion, a refund may be issued without requiring a return. In this situation, JEM Enterprise does not take title to the refunded item. For more information about our returns, exchanges and refunds, please see Return & Exchange Policy.
We attempt to be as accurate as possible on the description of products and pricing. However, JEM Enterprise does not warrant that product descriptions or other content of any service is always accurate, complete, reliable, current, or error-free. If a product offered by this Site is not as described, your sole remedy is follow and complete all the steps set forth in our Return and Exchange policy.
With respect to items sold on the Websites, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process.
You acknowledge and agree that JEM Enterprise has offered its products and services, set its prices, and entered into the terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and jem enterprise, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and JEM Enterprise. We would not be able to provide the Website to you on an economically reasonable basis without these limitations.
Third Party Sites
We may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). JEM Enterprise does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk. You should carefully review their privacy statements and other conditions of use.
Limitations of Liability and Damages
Our liability in connection with any product purchased through our Website or our retail stores is strictly limited to the purchase price of that product. Under no circumstances, including, but not limited to, negligence, will JEM Enterprise or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to the terms or that result from your use of or your inability to use the website or any reference sites, or any other interactions, transactions, or purchases from or with JEM Enterprise such as sale of items through our retail stores, even if JEM Enterprise or a JEM Enterprise authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, JEM Enterprise’s liability will be limited to the fullest extent permitted by applicable law.
To the fullest extent permitted by law, and not withstanding any other provision of this agreement, the total liability, in the aggregate, of the JEM Enterprise and its officers, directors, partners, employees and subconsultants, and any of them, to the Site’s users and anyone claiming by or through the Site’s users, for any and all claims, losses, costs or damages, including attorneys’ fees and costs and expert-witness fees and costs of any nature whatsoever or claims expenses resulting from or in any way related to the any cause or causes shall not exceed the total price of the item purchased. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.
Disclaimer of Warranties
To the fullest extent permissible pursuant to applicable law, JEM Enterprise, and its affiliates, partners, licensors and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, all with regards to the website. Specifically, JEM Enterprise does not warranty any grade, score, or advantage by using the Website or paying any Fees. No advice or information, whether oral or written, obtained by You from JEM Enterprise or through the Website will create any warranty not expressly stated herein. You expressly acknowledge that, as used in this Section, the term JEM Enterprise includes JEM Enterprise’s officers, directors, employees, shareholders, agents, licensors and subcontractors.
You expressly agree that use of the Website is at your sole risk. The site and any data, information, third-party software, User Content, reference sites, services, or applications made available in conjunction with or through the Website are provided on an “as is”, “as available” and “with all faults” basis and without warranties or representations of any kind either express or implied.
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.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you have placed that is caused by events outside our control (a "Force Majeure Event"). A Force Majeure Event shall include any act, event, non- happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following: 1. Strikes, lock-outs or other industrial action. 2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. 3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. 4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. 5. Impossibility of the use of public or private telecommunications networks. 6. The acts, decrees, legislation, regulations or restrictions of any government. 7. Any shipping, postal or other relevant transport strike, failure or accidents. Our performance under any order you have placed is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
Site Policies, Modification, and Severability
Notice and Procedure for Copyright and/or Trademark Infringement
If you believe a work on the Site constitutes infringement of your copyright, trademark or other intellectual property rights please provide our Designated Agent with a written communication containing the following information:
Our designated Agent for notice of claims of copyright infringement and trademark infringement can be reached at email@example.com.
Arbitration of Disputes
You agree that any controversy or claim arising out of or relating to the Terms of this Agreement, the purchase of items from JEM Enterprise online or via retail stores, the use of Website, any other transaction with JEM Enterprise, and/or the interpretation of our policies, shall be settled by binding arbitration. The place of arbitration shall be Los Angles, California in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”). The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. In the event that the claimant is able to demonstrate that the costs of arbitration will be cost-prohibitive or greater than the costs of litigation, we will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive or more expensive than the cost of litigation. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Company shall be entitled to arbitrate their dispute.
*The arbitration of disputes pursuant to this paragraph shall be in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. By agreeing to the arbitration of disputes as set forth herein, you agree that you are waiving your right to a jury trial and limiting your right to appeal. Do not use the site if you do not agree to the foregoing binding arbitration provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. *
.All claims filed or brought contrary to this Arbitration of Disputes titled section of these Terms shall be considered improperly filed. Should either party file a claim contrary to these Terms, the other party may recover attorneys' fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.
The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of these Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and us acknowledge that, in entering into these Terms, neither you nor us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such Terms, except as expressly stated in these Terms.