These Terms of Service are applicable to our website www.jargadesign.com (referred to as the "Site"), which is owned and operated by JARGA (referred to as "we," "our," or "us").

This Agreement, along with any referenced documents, governs your use of the Site and any other sites, products, services, features, contents, mobile sites, and applications offered by us from time to time that are linked or referred to in this Agreement.

By accepting these terms, you agree to comply with all the terms, conditions, policies, and notices stated here.

 

The term "User(s)" refers to any individual (also referred to as "you" or "your") who visits, accesses, or uses the Services. The term "Person(s)" includes any natural person, sole proprietorship, corporation, partnership, or any other entity. The term "or" includes the term "and."

The terms "includes" or "including" mean "includes, but is not limited to" or "including, but not limited to."

 

By visiting our site and/or making a purchase from us, you engage in our "Service" and agree to be bound by these Terms of Service, including any additional terms, conditions, and policies referenced herein or available through hyperlinks.

These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.

 

Before accessing or using our website, please carefully read these Terms of Service and our Privacy Policy. By accessing or using any part of the site, you acknowledge and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.

If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any additional features or tools that are introduced to our current store will also be governed by the Terms of Service. You have the option to review the most up-to-date version of the Terms of Service on this page at any given time.

 

We retain the right to update, modify, or replace any portion of these Terms of Service at our discretion. These changes take effect immediately upon posting and apply to all access and usage of the website thereafter. By continuing to use or access the website after any changes have been posted, you are indicating your acceptance of those changes.

 

Our store is hosted by WIX., which provides us with an online e-commerce platform to offer our products and services to you.

 

Online store terms:

By accepting these Terms of Service, you confirm that you have reached the age of majority in your state or province of residence, or that you have reached the age of majority and have provided us with your consent to allow any of your minor dependents to use this site.

 

It is strictly prohibited to use our products for any illegal or unauthorized purposes. Furthermore, you must comply with all applicable laws in your jurisdiction, including copyright laws, while using our Service.

 

Under no circumstances should you transmit any worms, viruses, or any other code that may cause harm or damage.

 

Please be aware that any breach or violation of these Terms will result in an immediate termination of your access to our Services.

 

General conditions

We retain the right to decline service to anyone for any reason at any given time. We also reserve the right to modify or withdraw this Website, as well as any product offerings on the Website, at our sole discretion without prior notice. Occasionally, we may restrict user access to certain parts of the Website or the entire Website.

 

Please be aware that your content, excluding credit card information, may be transferred without encryption and may undergo (a) transmissions across different networks; and (b) modifications to comply with the technical requirements of connecting networks or devices. However, credit card information is always encrypted during its transfer over networks.

 

By using the Service, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, the use of the Service, or the access to the Service, including any contact on the website through which the service is provided, without obtaining express written permission from us.

 

The headings used in this agreement are solely for convenience purposes and will not impose any limitations or otherwise affect these Terms.

 

Accuracy, completeness and timeliness of information.

The information available on this site may not always be accurate, complete, or current. It is intended for general information purposes only and should not be the sole basis for decision-making without consulting more reliable sources. Your use of the material on this site is at your own risk. Historical information provided on this site is not current and is for reference purposes only. We may update the contents of this site at any time, but we are not obligated to do so. Monitoring changes to our site is your responsibility.

 

Modification to the service and prices

Our products prices may change without prior notice, as we reserve the right to modify or discontinue our Service or any part of it at any time. Please note that we will not be held liable for any such modifications, price adjustments, suspensions, or discontinuations.

 

Products or services

We have taken great care to ensure that the colors and images of our products displayed on the website are as accurate as possible. However, we cannot guarantee that the color displayed on your computer monitor will be completely accurate. 

 

We retain the right to limit the sale of our products or services to certain individuals, regions, or jurisdictions, as we see fit. This may be done on a case-by-case basis. Additionally, we reserve the right to restrict the quantity of products or services available for purchase. 

 

Please note that all product descriptions and pricing are subject to change without prior notice, at our sole discretion. We also reserve the right to discontinue any product at any time. Any offers for products or services on our website are void where prohibited by law. 

 

We do not guarantee that the quality of products, services, information, or other materials purchased from us will meet your expectations, nor do we guarantee that any errors in the service will be corrected.

 

Accuracy of billing

We retain the right to reject any order placed with us. We have the authority to restrict or cancel quantities purchased per person, per household, or per order at our discretion. These limitations may apply to orders made under the same customer account, credit card, and/or billing and/or shipping address. If we modify or cancel an order, we will make an effort to inform you by reaching out to the email and/or billing address/phone number provided during the order placement. We also reserve the right to restrict or disallow orders that, in our judgment, seem to be made by dealers, resellers, or distributors.

 

You are responsible for providing accurate, up-to-date purchase and account information for all transactions at our store. It is your responsibility to promptly update your account details, including email address, credit card numbers, and expiration dates, to ensure smooth transactions and communication with you as necessary.

 

For further information, please refer to our Returns Policy.

 

Optional tools

 We may grant you access to third-party tools that we do not monitor or control. You understand and agree that these tools are provided "as is" and "as available" without any warranties, representations, or conditions. We are not liable for any issues related to your use of these optional third-party tools. Your use of these tools on the site is at your own risk, and you should be familiar with and accept the terms provided by the third-party provider(s). Additionally, we may introduce new services and features on the website in the future, which will also be governed by these Terms of Service.

 

Monitoring and recording of communication between user and us

User consents to our monitoring and recording of all interactions for the purpose of ensuring high-quality customer service. This includes monitoring sessions, logging keystrokes during website browsing, and using the chat function. Users acknowledge the potential use of a third-party service to record and transcribe communications, sharing this information with third parties or service providers. Users confirm their willingness to engage in all communication with us.

 

The user acknowledges and accepts that we have the right to employ pixel tools for measuring user engagements on our website and to share this data with advertisers and third parties. The user comprehends that our main focus is not on distributing, selling, or renting any video content. Any video content showcased on our website is solely for the purpose of limited advertising. There is no connection between any account registered with us or any subscription held with us and any video content.

 

Third party links

Please be aware that certain content, products, and services available through our Service may contain materials provided by third parties.

 

When you click on third-party links on our site, you may be directed to websites that are not affiliated with us. We want to emphasize that we are not responsible for examining or evaluating the content or accuracy of these third-party materials or websites. Furthermore, we do not provide any warranty or assume any liability or responsibility for any third-party materials, websites, or any other products or services offered by third parties.

 

It is important to note that we cannot be held liable for any harm or damages that may arise from your purchase or use of goods, services, resources, content, or any other transactions made in connection with these third-party websites. Before engaging in any transaction, we strongly advise you to carefully review the policies and practices of the third party involved and ensure that you fully understand them.

 

If you have any complaints, claims, concerns, or questions regarding products offered by third parties, please direct them to the respective third party.

 

User comments, feedback and other submission

If you choose to submit specific entries at our request or send creative ideas, suggestions, proposals, plans, or other materials without our request, you acknowledge and agree that we have the right to edit, copy, publish, distribute, translate, and utilize any comments you provide to us in any medium, at any time, without any restrictions. We are not obligated to keep your comments confidential, compensate you for them, or respond to them.

 

We reserve the right to monitor, edit, or delete content that we deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or our Terms of Service.

 

By submitting your comments, you acknowledge and agree that they will not infringe upon the rights of any third-party, including but not limited to copyright, trademark, privacy, personality, or any other personal or proprietary right. Additionally, you confirm that your comments will not contain defamatory, unlawful, abusive, or obscene content, nor will they include any computer viruses or malware that could disrupt the functioning of the Service or any associated website. It is prohibited to use a fictitious email address, impersonate someone else, or deceive us or any third-party regarding the origin of your comments. You bear full responsibility for the accuracy of your comments. We do not assume any liability for comments posted by you or any third-party.

 

Personal information

Your submission of personal information through the store is governed by our Privacy Policy.  Click the following link to view our Privacy Policy.

 

Errors, inaccuracies and omission 

At times, there might be errors or omissions in the information provided on our site or through the Service, such as typos, inaccuracies, or missing details regarding product descriptions, pricing, promotions, shipping charges, transit times, and availability. We retain the right to rectify any mistakes, inaccuracies, or omissions, as well as modify or cancel orders if any information on the Service or related websites is found to be incorrect without prior notice, even after an order has been placed.

 

We are not obligated to regularly update, modify, or clarify information on the Service or related websites, including pricing details, unless required by law. The absence of a specified update or refresh date on the Service or related websites does not imply that all information has been revised or updated.

 

Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; or (l) utilize the website for any machine learning or artificial intelligence data scraping purpose. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

Additionally, you agree not to:

1. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;

1. Use any automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;

1. Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent;

1. Use any device, software, or routine that interferes with the proper working of the Website;

1. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;

1. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or

1. Otherwise attempt to interfere with the proper working of the Website.

Disclaimer of warranties: limitation of liability

Disclaimer of Warranties

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.  We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.  THE WEBSITE, ITS CONTENT, OUR PRODUCTS AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BRANDON BLACKWOOD, LLC NOR ANY PERSON ASSOCIATED WITH BRANDON BLACKWOOD, LLC MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.  WITHOUT LIMITING THE FOREGOING, NEITHER BRANDON BLACKWOOD, LLC NOR ANYONE ASSOCIATED WITH BRANDON BLACKWOOD, LLC REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, BRANDON BLACKWOOD, LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

In no case shall Brandon Blackwood, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Intellectual property rights 

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;

1. You may store files that are automatically cached by your Web browser for display enhancement purposes; and

1. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

1. Modify copies of any materials from this site;

1. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or

1. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us.  Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

Trademarks

Our Company name, logo, and all related names, logos, product and service names, designs, and slogans are our trademarks or the property of our affiliates or licensors.  You must not use such marks without our prior written permission.  All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

 

Indemnification

You agree to indemnify, defend and hold harmless Jarga and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

Dispute resolution

If a dispute should arise between you and Us, we want to provide you with a resolution that is efficient and cost effective using our customer service team.  Almost all customer service disputes can be resolved.  If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.  

 

The Parties agree to resolve any disputes peaceably and amicably first.  Should any dispute arise over the application or interpretation of the Agreement, the Parties shall meet to discuss their difference and arrive at a mutual Agreement.  If a mutual Agreement cannot be reached within sixty (60) days by employing the above methods, the Parties shall consult a private mediator agreeable to both Parties.  Reasonable fees for the mediator shall be split equally between the Parties. Each Party is responsible for their own attorney’s fees resulting in the mediation.  If any such dispute cannot be resolved through mediation within the 90-day period, any and all claims and actions arising of or relating to this Agreement or relationship of the Parties, shall be exclusively litigated.  Each Party shall be responsible for their own attorney’s fee resulting from such litigation.

 

Changes to terms of service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.