Jixxie's Terms of Service
This website and its offerings are property of Jixxie (also known as, “The
Company”, “Jixxie”, “Us”, “Its”, “We”, and/or “Our”). By visiting or buying from
us, you agree to these terms ("Terms"). These apply to all users: browsers, vendors, customers, etc. Please read these Terms carefully before using our website. By doing so, you agree to be bound by them. If you do not agree, you cannot use the website or its services. New features added to the site will also be subject to these Terms. We reserve the right to update these Terms at any time by posting changes on our website. It's your responsibility to check for updates. Your continued use after any changes means you accept them.
Age Verification Required for Purchase
You will be required to confirm you are 21 years of age or older to purchase hemp seltzers from our store. Additionally, an adult signature (21+) is required to receive your order upon delivery.
Legal Disclaimer
Please carefully review the product label and consult with a healthcare
professional before using this product, especially if you are pregnant,
nursing, have a medical condition, or take medications. This product is not
intended to diagnose, treat, cure, or prevent any disease.
License to Use
You have permission to use the Site and Services, but only for personal or
internal business purposes. You cannot share, sell, rent, or otherwise give
away your access to the Site or Services. You can't modify, copy, or create
new things based on the Site or Services. We can deny service to anyone,
anytime, for any reason.
Ownership
The Company owns all the rights to the Site and Services. You do not own
any rights to the Site or Services, except for the limited permission to use
them.
Site and Service Changes
The Company can make changes to the Site or Services at any time, without
notice. If the Site or Services stop working or change, the Company is not
responsible.
Copyright and Restrictions
Jixxie is the exclusive owner of all content and services on this Site,
including text, graphics, logos, images, and their arrangement. This
ownership is protected by copyright and other intellectual property laws. You
must respect all copyright notices and restrictions on the content and may
not modify, distribute, create derivative works from, or commercially exploit it
without Jixxie's express permission. Additionally, reverse engineering the
Site and Services are strictly prohibited.
You cannot use this Site or Services as a platform to generate income,
engaging in activities like selling access, charging for features, or running
advertisements within the Service framework are all considered violations.
You cannot use this Site or Services to directly compete with Jixxie, this
encompasses launching similar services, replicating core functionalities, or
attracting Jixxie's user base for your own competing ventures.
Acceptable Use
When using our site, you agree not to send harmful programs such as
viruses, worms, or software meant to cause damage. You agree not to spam
or send unwanted emails, advertisements, or chain letters. You agree not to
collect other users' information without their permission.
You agree not to leverage bots or scripts to automate tasks or scrape data. You agree not to attempt to overload servers, disrupt networks, or impersonate others. You agree not to harass, bother or annoy other users. We can review your activity and suspend your account and report you to the authorities if these rules are violated.
Communications and Feedback
We can send you emails about our products and services. You can stop
these emails by clicking "unsubscribe" in any promotional email. If you give us ideas or suggestions ("Feedback"), they automatically belong to us, and we can use them however we want. Consider the ramifications prior to sending confidential, sensitive or secret information.
Limitation of Liability
The company makes no guarantees and does not promise the service will
always work perfectly. It might have interruptions, errors, or security issues.
The company does not guarantee accurate or reliable results from using the
service. Service may be removed or canceled at any time, without warning.
You agree to use the service, knowing it might not be perfect, and you will
not hold the company responsible for any problems. The service is provided
"as is" and "as available," without any express or implied warranties, including those about merchantability, fitness for a specific purpose, or non-infringement. The company (and its related people and organizations) won't be liable for any damages you might suffer from using the service, even if they were caused by the company's mistakes. This includes lost profits, lost data, or other financial losses. The company's liability will be limited to the dollar amount of your purchase.
Indemnification
You agree to indemnify, or protect, Jixxie and its related parties including officers, directors, employees, agents, and third-party collaborators from any consequences arising from your actions on this site. Regardless of intention, if you break these terms, the law, cause reputational damage, cause losses, direct or indirect expenses (including legal costs, judgements, fines and/or settlements) for Jixxie or its related parties, you are responsible for covering all associated costs. Jixxie has no obligation to aid in your defense or legal proceedings however if Jixxie takes over, you are obligated to fully cooperate with our strategy.
Third-Party Links and Sites
This site might have links to other websites (Third-Party Links), but the Company doesn't control or endorse them. You are responsible for any consequences of using those links, not the Company. If you interact or deal with other companies through their Site or Service, that's between you and the third party. The Company isn't involved in those transactions and won't be held responsible for any issues. Be cautious when interacting with third parties.
Dispute Resolution and Arbitration
If informal negotiations fail, you agree that disputes will be settled through
binding arbitration conducted by the American Arbitration Association (AAA).
This means a neutral arbitrator, not a judge, will hear the case and make a
final decision that both parties must abide by. This process is generally
faster and less expensive than litigation.
Arbitration Rules and Procedures:
a. The arbitration will be governed by the AAA's Commercial Arbitration
Rules and, if applicable, the AAA's Supplementary Procedures for Consumer
Related Disputes. These rules establish procedures for selecting arbitrators,
presenting evidence, and reaching a decision. You can find detailed
information about these rules on the AAA website.
b. Location and Jurisdiction:
Unless another location is mutually agreed upon, the arbitration will take
place in Carver, Minnesota. Both parties consent to the jurisdiction of the
courts in Carver, Minnesota for enforcing the arbitration agreement or the
arbitrator's award.
c. Cost Sharing and Fees:
Your share of the arbitrator's compensation and administrative fees will be
governed by the AAA Consumer Rules. In certain cases, these fees may be
capped or the company may agree to cover a portion of them.
d. Arbitration Options and Procedures:
The arbitration can be conducted in person, through the submission of
documents, by phone, or online. This flexibility allows for a convenient and
efficient process for all parties involved.
e. Award and Reasons:
The arbitrator will issue a written decision, but is not required to provide a
detailed explanation of the reasoning behind their decision unless requested
by either party. However, the arbitrator must follow applicable laws and the
decision can be challenged if there are grounds to believe the arbitrator did
not do so.
f. Exceptions to Arbitration:
Certain types of disputes are not subject to the binding arbitration provision:
· Intellectual property disputes: Any claims related to the protection
or enforcement of intellectual property rights, such as copyrights or
trademarks, will be decided by a court of competent jurisdiction.
· Privacy and unauthorized use: Disputes involving allegations of
theft, piracy, invasion of privacy, or unauthorized use of the website or
services will also bypass arbitration and be handled through the courts.
· Injunctive relief: If you are seeking a court order to stop the
company from taking a specific action, this type of claim will not be
subject to arbitration but will be heard in court.
g. Time Limit for Disputes:
You have only one year from the date the cause of action arose to file any
dispute related to the website or services. This time limit is intended to
encourage prompt resolution of potential issues.
h. Restrictions on Class Actions:
The arbitration agreement limits disputes to individual claims only. You
cannot participate in a class action, tort, or other consolidated proceeding
against the company through arbitration.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms
shall be deemed a further or continuing waiver of such term or condition or a
waiver of any other term or condition, and any failure of the Company to
assert a right or provision under these Terms shall not constitute a waiver of
such right or provision.
If any provision of these Terms is held by a court or other tribunal of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason,
such provision shall be eliminated or limited to the minimum extent such that
the remaining provisions of the Terms will continue in full force and effect.
Product
While we strive to showcase product colors, features, specs, and details as
accurately as possible, imperfections can occur. There might be minor errors
in descriptions, and your device's display might not perfectly represent
reality. Information on this site might not be exhaustive, some details could
be missing, or updates might not be immediate. We can't guarantee stock
availability for our products. Popular items might sell out quickly, and
production changes could mean we stop offering certain products altogether.
Product prices are subject to change at any time, due to various factors like
market conditions, promotions, or supplier adjustments.
Termination
You can terminate these Terms of Service at any time by notifying us that
you no longer wish to use the Services. You can do this by notifying us
through the Contact page at Jixixe.com. Or, simply stop using the service.
Our Right to Terminate: We have the right to terminate these Terms of
Service at any time, without notice, if you: Violate any provision of these
Terms of Service, Fail to comply with any applicable laws or regulations
and/or Engage in any conduct that we deem harmful or inappropriate.
Upon termination of these Terms of Service: All your rights and licenses to
use the Services will immediately cease, You will remain liable for any
outstanding fees or charges you owe us. You will remove all Jixxie content
from your devices and accounts. We may suspend or delete your account.
The following provisions will survive the termination of these Terms of
Service: The provisions regarding survival of obligations and liabilities. The
provisions regarding the limitations of our liability.
Shipping and Returns
Orders ship within 1-2 business days during regular business hours
(excluding holidays). Shipping times are approximate, starting after the order
is processed, and may not include the 1-2 business days required to process
orders.
An adult 21+ must sign for the package. If your package is returned to us
after multiple delivery attempts because an adult was not present to sign we
cannot refund your purchase.
Products may not be returned or exchanged. If you have concerns or problems with your order or product, please reach out to us on the Contact page at Jixixe.com within 14 days of receiving your order. Please provide
relevant contact information and product description so that our team can
help resolve any issues.
Please note that any issues such as missing or damaged products are the
responsibility of the carrier.
