Effective Date of Jardin d’ Eden Terms and Conditions  (“Terms”) ~ June 25, 2022

These Website terms and conditions shall constitute the agreement (the “User Site Agreement”) between the User of this Site (“User”) and the Owner of the Site, Jardin d’Eden (aka “J d’E”) collectively, the “Parties”.

 

WELCOME TO JARDIN D’EDEN

In order to use this Website, It will be necessary for User to review and agree to these Website Terms and Conditions as provided below under “Access”. 

Access

IT IS IMPORTANT THAT USER READ THESE TERMS AND CONDITIONS CAREFULLY SO THAT THE USER CAN BECOME FAMILIAR WITH J d’E, BE ABLE TO USE THIS WEBSITE, AND TRANSACT BUSINESS WITH J d’E. PLEASE NOTE THAT BY CLICKING THE ACCEPTANCE BUTTON USER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS USER SITE AGREEMENT. IF USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS USER   SITE AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED AND USER MAY NOT ACCESS AND USE THIS WEBSITE.

Contact Information

To learn more about J d’E and its creative designs on our collection of accessible interlinked pages, User is invited to contact J d’E.

email ~ chpotts@jardindedenclo.com

phone ~ (314) 947-0180

Third Parties

Periodically, individuals and entities other than J d’E (“Third   Parties”), may appear on this website. The materials of these Third Parties are provided for Users information only and are not endorsed,  sponsored, or recommended by J d’E.

Right to Amend 

J d’E reserves the right to change the   Terms, at any time, as and when J d’E, in its sole discretion, deems it necessary or beneficial for its designs or otherwise. Changes to the Terms and Conditions shall become effective 5 days after posting to the Website unless User clicks the non-acceptance button within the aforesaid 5 day period. So, please review for updates.

User Representations

User represents to J d’E that: (i) User is at least 18 years of age and has the power and authority to enter into this User Site Agreement and perform the obligations of User; and (ii) User is an authorized signatory of the credit or charge card provided to J d’E to pay for the materials ordered; or (iii) that User is the parent or legal guardian of a minor and agrees to be responsible for the minor’s actions under this User Site Agreement.

Privacy Policy

J d’E's PRIVACY POLICY may be reviewed at 

https://jardindedenclo.com/privacy-policy

Indemnification

User agrees to indemnify, defend and hold harmless J d’E, its owners, managers, directors, officers, and employees (“Indemnified Parties”) from any claims, demands, causes of action, liabilities, and damages (including reasonable attorneys fees and costs) arising out of or in any way connected to (i) User’s breach of these Website Terms; (ii) User’s use or attempted use of this Website,   including without limitation, User’s posted content; and (iii) User’s conduct towards any other user of this Website or towards J d’E.

Proprietary   Property Rights 

The Jardin d’Eden website may contain, from time to time, its trade name, service name, logo, slogan, and content, including without limitation, text, data, graphics, and pictures (collectively, the “Jardin d’Eden Proprietary Property”) which is protected by copyright and trademark law. With the exception of the following limited and revocable permission, the Jardin d’Eden Proprietary Property may not be copied or used without the prior written consent of Jardin d’Eden, which consent may be withheld in Jardin d’Eden’s sole discretion. User is allowed to access and use this Website strictly for User’s personal use only provided User has agreed to the Terms in accordance with the section entitled Access. This limited permission excludes any commercial use.

Digital Millennium Copyright Act (“DMCA”)

DMCA Title II, the Online Copyright Infringement Liability  Limitation Act, provides safe harbor guidelines for online service providers,   such as J d’E, to protect against copyright infringement liability.   If User has a good faith belief that User has copyrighted material which appears on the J d’E  Website in an infringing manner, User may so notify J d’E at its email address. Please describe under penalty of perjury, with specificity, User’s copyrighted material, and the alleged infringing copyrighted material of J d’E together with User’s contact numbers.

Dispute Resolution

(i) Mediation. The Parties agree to participate in non-binding mediation before a single mediator in the event of a dispute arising out of or in any way relating to this User Site Agreement. The mediation shall be submitted to and administered by the offices of the United States Arbitration & Mediation (USA&M) in St. Louis, Missouri within 30 days of referral, The referral shall be made by either Party following the Parties not being able to resolve the dispute through direct discussions. In the event the Parties are unable to agree on a mediator from the panel, the appointment of a mediator will be determined by USA&M. The Parties agree to share equally in the costs of the mediation. 

(ii) Arbitration. In the event the dispute is not settled by mediation, the Parties agree to submit their dispute within 30 days of the end of the mediation session to USA&M for a final and binding arbitration before a single arbitrator who shall not be the mediator. In the event the Parties are unable to agree on an arbitrator from the panel, the appointment of an arbitrator will be determined by USA&M. The Parties agree to share equally in the costs of the arbitration.

Governing Law

This User Site Agreement shall be construed in accordance with and governed by the laws of the State of Missouri without giving effect to any conflict of laws principle or rule which might require the application of the laws of another jurisdiction.

Disclaimers of All Warranties 

THE MATERIALS ON JARDIN D’EDEN’S WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. JARDIN D'EDEN MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION: WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL RIGHTS. JARDIN D’EDEN MAKES NO REPRESENTATION THAT ANY SERVICE OFFERED OR MATERIAL PURCHASED THROUGH THIS WEBSITE OR THROUGH ANY LINK TO THIS WEBSITE IS ACCURATE OR RELIABLE, OR THAT THIS WEBSITE OR ANY SUCH LINK IS FREE OF ANY ERROR OR VIRUS.

Limitation of Liability

IN NO EVENT WILL JARDIN D’EDEN, ITS OWNERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AND INDEPENDENT CONTRACTORS USED IN PROVIDING THIS WEBSITE BE LIABLE FOR DAMAGES OF ANY KIND (WHETHER DIRECTOR INDIRECT) ARISING OUT OF OR IN ANY WAY RELATED TO: (i) THE USE OR INABILITY TO USE THIS WEBSITE OR (ii) THE MATERIALS ACCESSED OR PURCHASED THROUGH THIS WEBSITE, WHETHER SUCH DAMAGES ARE ASSERTED ON THE BASIS OF CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY. IN NO EVENT WILL J D’E OR THE AFORESAID PARTIES IN THIS SECTION INCUR DAMAGES IN EXCESS OF THE COMPENSATION USER HAS PAID TO J D’E FOR ACCESSING AND USING THIS WEBSITE (INCLUDING WITHOUT LIMITATION ORDERING MATERIALS FROM THIS WEBSITE) DURING THE 6 MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

 

TEXT MARKETING AND NOTIFICATIONS
By consenting to J D'E SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase. If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. For any questions, please text HELP to the number you received the messages from. You can also contact us at https://jardindedenclo.com/pages/contact for more information. We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. Your right to privacy is important to us. You can see our Privacy Policy https://jardindedenclo.com/policies/privacy-policy to determine how we collect and use your personal information.