PRIVACY POLICY

JANE SUMMERS PRIVACY POLICY 

This Website is owned and operated by Handley and Company, LLC, d/b/a Jane Summers.  All content and information provided on or through the Website (hereinafter “Service” or “Content”) may only be used under the following Terms of Service (“TOS”).  By using the Website Service or any of its Content, you agree to the following TOS.

Age Limitation. The Website is not meant for use by persons under the age of 18. Jane Summers will not knowingly collect any personally-identifiable information (“PII”) from persons under the age of 18 without verified parental consent. Any users under the age of 13 are expressly prohibited from registering for the Service, or submitting their PII to us, and from using portions of the Service for which registration is required, such as our social, community, and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, personal/job search and other classified ads, contests/sweepstakes and elsewhere.

Grant of Rights.  As a user of this Website, Jane Summers allows you the nonexclusive, nontransferable, revocable, limited license to access and use the Website and Content strictly in accordance with the TOS and Jane Summers’ Privacy Policy. Jane Summers may terminate this license at any time for any reason. You acknowledge that we have not reviewed and do not necessarily endorse the Content of sites, applications, destinations or services linked to or accessible from this Service and are not responsible for the Content or actions of any other sites, applications, destinations or services. Your linking to or accessing any other site, application, destination or service is at your sole risk.

Limitations on Use.  The Content on this Website is for your personal use and you may not copy, reproduce, republish, distribute, display, transmit, sell or otherwise use or exploit any of the Content except with prior written permission from Jane Summers. You shall ensure that all equipment, hardware, software, products and/or services you use to access, visit, or use the Service does not disturb or interfere with our operation of the Service, or impede or interfere with others’ access, visitation, and/or use of the Service.   Without limiting the generality of the foregoing, you may not (a) create derivative works from the Website or the Content, (b) use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users; or (c) use any robot, spider, other automatic device or manual process to monitor or copy the Website or the Content without Jane Summers prior written permission. We reserve the right, in addition to other remedies, with or without notice to immediately disconnect from the Service any equipment, hardware, software, product or services causing interference with us, our licensors, vendors, service providers, the Service or any Content. You must comply with all local, state, federal, provincial, national, international and foreign laws, rules, and regulations in accessing and using the Service, and will immediately notify us if you learn of or suspect a security breach or other illegal activity in connection with this Service. You represent and warrant that: a) you are not located in a country that is subject to a U.S. embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and that you are not listed on any U.S. government list of prohibited or restricted parties.

Personal Information. The types of customer information and/or PII we collect on this Website include customer name, email address, shipping and billing address, payment details, company name, phone number, IP address, information about orders you initiate, and information about the device and browser you use. If you provide to us any contact information, including the number to a mobile or other device, or we obtain the device identifier for a device you are using, you agree, represent and warrant that such device is registered in your name and owned by you, or that you have permission of the device owner. While Jane Summers does not sell any information collected from a customer of the Website, Jane Summers does work in conjunction with other online platforms, including Shopify and Google, who may collect such information. Jane Summers takes no responsibility for Shopify, Google and other such third parties use of your personal information. You have the right to request the deletion of your personal information once we have received a verified request from you to our Website at Jane@JaneSummers.com. Your personal data will be deleted within a reasonable time following receipt. We will also alert any service providers to delete information pursuant to your request. Your request will be honored unless we or the service provider require the information to: 1) compute or perform the transaction which the personal information was collected, provide a good or service requested, or which we reasonably anticipate you will request, 2) detect, protect or investigate security incidents, 3) debug our systems, 4) exercise or protect the exercise of free speech, 5) comply with other legal obligations, 6) engage in public or peer-reviewed scientific, historical or statistical research in the public interest, or 7) otherwise use the personal information in a lawful manner in the context provided.

Trademark Notice. Jane Summers and other marks used on the Website, whether or not they appear with the symbols ® or ™, are trademarks and/or service marks of Jane Summers and may be the subject of a federal or state registration or subject to common law rights in the United States, or in other jurisdictions including internationally. Jane Summers’ trademarks, service marks and trade dress may not be used in connection with any product or service: (i) that is not authorized by Jane Summers in writing; (ii) in any manner that is likely to cause confusion among customers that the source of such product or service is, or is in any way associated with, Jane Summers; or (iii) in any manner that disparages or discredits Jane Summers. All other trademarks not owned by Jane Summers that appear on the Website are the property of their respective owners who may or may not be affiliated with, connected to or sponsored by Jane Summers. By using the Website you hereby acknowledge that the trademarks, service marks, trade dress and Content on the Website or otherwise belonging to Jane Summers are and shall remain, except where owned by a third party, the sole and exclusive property of Jane Summers. Nothing in the TOS or on the Website shall be construed as conferring any license or right, whether by implication, estoppel or otherwise, to use any of Jane Summers trademarks, service marks, trade dress or Content.

Copyright Notice.  All Content, including without limitation text, pictorial works, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Jane Summers or its Content suppliers and is protected by United States and international copyright laws. The compilation of Content on the Website is the exclusive property of Jane Summers and protected by U.S. and international copyright laws.

The Website is © 2014 Jane Summers – All Rights Reserved. Copyright law protects all content including any changes from that date.

Linking to the Website. You may provide a link only to the homepage of this Website, provided: (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you notify Jane Summers of such link by sending an e-mail to Jane@JaneSummers.com, and (c) you discontinue providing such link to this Website if requested by Jane Summers. If you wish to provide a link to a section within the Website, other than the homepage of this Website, you should forward your request to Jane@JaneSummers.com. If permission is granted, Jane Summers will notify you and if so, the terms and conditions of such permission will be advised.

Registration. You warrant, represent, acknowledge and agree that the personal information and/or PII you provide: (a) is accurate and you shall keep it updated in all respects so that it remains accurate at all times; (b) that Jane Summers may use your personal information and/or PII for processing your orders and payments, for delivering your purchases and for such other purposes as specifically set forth in and consistent with Jane Summers Privacy Policy; and (c) any failure by you to maintain true and accurate personal information and/or PII may affect the payment and delivery of the goods offered on the Website and may result in suspension or termination of your registration.

Quality. All items are quality controlled and inspected for any faults prior to being shipped to customers. In the event that an item not in satisfactory condition has been received, please notify us immediately at Jane@JaneSummers.com.

Returns Policy.  You shall have the opportunity to review, modify, and confirm each transaction you are considering. Images available on or through the Service of merchandise or products, including without limitation Content, may not accurately capture the actual appearance, color, look and feel, specifications, features or functionality of such merchandise or products. Returns shall be accepted by Jane Summers provided each of the following terms and conditions are met:

1. All merchandise must be postmarked for return within 14 days of the original date the item was received.
2. A Return Authorization number (hereinafter “RA”) must be requested and received before an item can be returned by contacting Jane@JaneSummers.com to process a return. Returns cannot be processed without a RA. The return shipping address will be provided in conjunction with the RA.
3. The merchandise must be returned with its original packaging and must be in original, salable condition with all original tags still attached.  Items must not have been WORN, WASHED, or ALTERED IN ANY WAY. Any items that have been will not be accepted and in such instances, Jane Summers will send the product(s) back to the customer via ground shipment and a refund will not be issued at the sole discretion of Jane Summers.
4. A copy of the invoice with the RA must be enclosed. The RA should also be clearly and legibly written on the box. Items should be returned in their original packaging to ensure they are protected in transit.   Please ensure that your package is insured for the full value, and sent via a traceable method, such as FedEx, or UPS. Jane Summers accepts no responsibility for lost or misplaced packages.

Jane Summers reserves the right to refuse the return of any merchandise that does not meet any of the above criteria.

Refunds will be issued in the same form as original payment and shipping and transactional costs are non-refundable.  For multiple product orders, we kindly request that the merchandise be returned in one consolidated package ensuring that the items are packaged in a suitable way to protect the contents.  Upon receipt of acceptable returned merchandise, every effort will be made to ensure a prompt refund and an email notification will be sent once the return has been processed.

Jane Summers does not accept exchanges at this time.

Limitations on Liability. You acknowledge and agree that:

The Website is provided on an “as is” basis. Jane Summers makes no warranty of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, Jane Summers does not warrant or represent that (a) the Content will at all times be correct, accurate, timely, or otherwise reliable, (b) the Website and Content will be error-free, free of viruses or other harmful components, (c) errors or defects will be corrected, or (d) any purchase or other transaction conducted through the Website will be completed and fulfilled or will result in the benefits you intended to receive therefrom.

Jane Summers may make improvements and/or changes to the Content and/or the features and functionality of the Website at any time, but it shall be under no obligation to do so.

In the event that third party content appears on the Website or is accessible via links from the Website, Jane Summers shall not be responsible and assumes no liability for any mistakes, misstatements, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or linked (including through multiple tiers) to the Website. You understand that the information and opinions in the third party content are neither endorsed by nor reflect the belief of Jane Summers. If you download any material from, provide any information to, or transact any business on a linked website, you do so solely at your risk.

Jane Summers’ sole liability to users of the Website is limited to the delivery of merchandise purchased on the Website or a refund for same, if applicable, in accordance with Jane Summers Returns Policy as stated above. In no event shall Jane Summers or its officers, directors, shareholders, employees, sub-contractors, licensees or agents be liable to you or any third party for any direct, indirect, special, incidental, consequential, punitive or exemplary damage (including but not limited to loss of business, profit, information, data, use, revenue or other economic advantage) arising out of or connected to (a) your reliance on or use of the Website or the Content, (b) the misuse by any third party of any personal information and/or PII, (c) your failure to provide and maintain accurate personal information and/or PII, or (d) your access or use of a website linked (including through multiple tiers) to the Website.

The foregoing limitations on liability (a) shall apply regardless of the theory on which such damage is based and even if Jane Summers or anyone associated with Jane Summers has been advised of the possibility of such damage; and (b) are a fundamental condition of this Agreement.

Some states or other jurisdictions do not allow the exclusion of implied warranties and limitations on certain kinds of liability, so some of the above may not apply to you. In any dispute with us, your sole remedy is to stop using your account/profile and/or the Service, including without limitation cancelling any Fee-based services.

You agree that in the event of any dispute with us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. In the event of court action, all disputes will be resolved individually, without resort to class action, and you specifically waive your right to trial by jury.

Force Majeure.  Jane Summers shall not be liable for failure to observe or perform any provision hereof: (a) for any reason or cause which we could not, with reasonable diligence, control or prevent, including without limitation, acts of nature, terrorism, acts of government, war, civil commotion, strikes, lock-outs, labor or industrial disputes, power shortages or power failures, inability to obtain sufficient labor, raw materials, fuel or utilities, technical problems or communication failures, or (b) due to any delays, non-deliveries, mis-deliveries or service interruptions caused by any third party.

Indemnification.  You hereby agree to and do hereby indemnify, save, and hold harmless Jane Summers and any of its officers, directors, shareholders, employees, sub-contractors, licensees and agents, from any and all damages, liabilities, costs, expenses and other losses (including reasonable attorneys’ fees, legal costs and legal expenses) arising out of or connected with any claim, demand or action which is inconsistent with any of the warranties, representations, promises or covenants made by you in this Agreement or which arise out of or are related in any way to your breach of the TOS or your use of or conduct on the Website.

Miscellaneous. Jane Summers reserves the right to change, revise or modify at any time any other terms or conditions contained on the Website by posting the changed, revised or modified terms on the Website. Therefore, please be sure to check the date of this TOS, the Privacy Policy and any other terms or conditions each time you visit to ensure that you are aware of the most current versions. All such changes, revisions and modifications shall be effective immediately upon posting and your continued use on the Website shall be deemed full acceptance of all such changes. Failing your full acceptance, your sole and exclusive remedy shall be to cease using the Website.

If there is a conflict between any oral or written representation made by any of Jane Summers employees, representatives, agents or vendors and any provision of this TOS, the TOS shall prevail.

No waiver by you or us of any provision of this Agreement or of any default under any provision shall affect your or our respective rights thereafter to enforce such provision or to exercise any right or remedy in the event of any other default, whether or not similar.

If any provision of this Agreement shall be held void, voidable, invalid or inoperative, no other provision of this Agreement shall be affected as a result thereof, and, accordingly, the remaining provisions of this Agreement shall remain in full force and effect as though such void, voidable, invalid or inoperative provision had not been contained herein.

This Agreement shall be governed by and shall be construed in accordance with the laws of New York without regard to principles of conflicts of law. Any and all actions, suits and proceedings arising out of or related to this Agreement or the subject matter hereof shall be brought only in the courts located in the City, County and State of New York, and the parties hereby unconditionally and irrevocably consent and submit to such exclusive jurisdiction and waive any objection that they may now or hereafter have with respect thereto.

The section titles or headings in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.