Terms and Conditions
Welcome to the Jawany website at jawany.com (the “Site”). We urge you to carefully review these Terms and Conditions, as your use of the Site signifies your acceptance of the following terms and conditions:
Products and Services
It’s important to note that Jawany does not operate as a service provider, creditor, or issuer of the products featured on the Site. Any products or services advertised here or offered by our partners upon leaving the Jawany site are solely the responsibility of the respective product vendors and service providers.
Acceptance of Information
Receipt of an electronic or other order request confirmation does not imply acceptance of your application or constitute confirmation of an offer for service from Jawany. We retain the right to accept or decline your request for any reason. Jawany is not liable for unfulfilled or unsuccessful application requests stemming from an applicant’s ineligibility to qualify for the service opportunity.
User Age Requirement
To use the Site, you must be 18 years of age or older. Additionally, you agree not to engage in any illegal or inappropriate activities when accessing the Site or its content.
Compliance with Laws
You are responsible for adhering to all applicable laws, statutes, ordinances, and regulations when using the Site. Jawany reserves the right to report violations of the law to appropriate authorities, and cooperation with any investigations is expected. Violations of these Terms of Use or the Privacy Policy may lead to potential criminal or civil penalties.
Intellectual Property
The trademarks, titles, characters, trade names, graphics, designs, and other properties, including software, text, and images on this site, are protected intellectual properties owned by Jawany, its licensees, or other authorized third parties. While Jawany permits you to view and make copies of materials on this site for requesting services, all other rights are reserved. You may not distribute, display, transmit, or disseminate such materials without prior written consent from Jawany.
Limitation of Liability and Disclaimer of Warranties
Jawany uses reasonable efforts to ensure that the information on this site is accurate, but cannot guarantee such accuracy. Jawany makes no representations regarding the use or results of any content on the Site as to its accuracy, reliability or any other matter. NEITHER Jawany NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE. EVERYTHING ON THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. These exclusions and limitations are applied to the fullest extent permitted by law in each jurisdiction.
Third-Party Content
The Site may contain links to third-party sites. Jawany does not bear responsibility for the content or privacy policies of these sites. The presence of these links should not be considered an endorsement or recommendation of the sites or their products and services.
Privacy
Jawany’s Privacy Policy, which is incorporated herein by reference, is applicable to any data supplied through the Site in accordance with the Privacy Policy available at Privacy Policy. The Privacy Policy sets out your rights and Jawany’s responsibilities with regard to your personal information. Jawany will not use your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. You agree that Jawany, in its sole discretion, may modify the Privacy Policy, and you further agree that, by using the Site after such modifications become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you will terminate use of the Site.
Security
Jawany employs secure technology to safeguard your personal information. However, while we take reasonable precautions, we cannot guarantee that this information won’t be intercepted or decrypted by others. Jawany is not responsible for any such interception or decryption.
Site Use
Jawany is not an agent for you or the issuer of any service or supplier related to your decision to obtain a product or service. Jawany may receive compensation from third parties for goods, facilities, or services provided under separate contracts. These goods, facilities, or services may not be related to your use of the Site, and you agree to this compensation arrangement, regardless of any association with your use of the Site.
Governing Law and Venue
Legal actions against us shall be governed by applicable laws without considering conflict of law principles. Any litigation arising from your use of or orders on the Site will occur in an appropriate federal or state court. Jawany does not assert that the Site’s content is suitable for access outside the United States, and users from other regions are responsible for complying with local laws. If any part of these Terms of Use is found to be invalid or unenforceable, such part will be removed, and the remaining provisions will stand.
Consent for Communication
By using the Site, you consent to receive telephone calls, text messages, and other communications as allowed by the Telephone Consumer Protection Act. This consent allows Jawany and its Marketing Partners to contact you for various purposes. You are not obligated to provide this consent to purchase goods or services from Jawany. Standard message and data rates may apply. To opt out of future messages, text “STOP,” and for more information, text “HELP.”
Modifications
Jawany reserves the right to modify these Terms of Use as needed. Your continued use of the Site following such modifications constitutes your acceptance of the new terms and conditions.
Indemnification
By using the Site, you agree to indemnify and hold Jawany, its subsidiaries, officers, agents, and partners harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, arising from your use of the Site, including any links to other sites or uploaded content.
Agreement to Arbitrate
You and we both agree that any disputes related to your use of our Services, or any products or services offered through our Services, shall be resolved exclusively through arbitration, except for claims that qualify for small claims court. The Federal Arbitration Act governs this Agreement to Arbitrate.
Prohibition of Class Actions and Non-Individualized Relief
You and we agree to resolve disputes on an individual basis, and not as part of a class or representative action. The arbitrator may not consolidate claims or oversee any consolidated, representative, or class proceeding, except for small claims. Any relief granted pertains to individual claims only and does not affect other users.
Arbitration Procedures
Arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, with this Agreement to Arbitrate as the governing framework.
Confidentiality
Arbitration proceedings and awards must be kept confidential, except as required by court order or for disclosure to attorneys, tax advisors, and senior management. Family members of an individual party are also allowed access.
Severability
In case any part of this Agreement to Arbitrate is deemed invalid or unenforceable, the remaining provisions will still apply. If any part of the Prohibition of Class Actions and Non-Individualized Relief section is found invalid or unenforceable, the entire Agreement to Arbitrate is null and void. The Legal Disputes Section and other parts of the Agreement will remain in effect.
Violation of Terms of Use
If Jawany believes that your content violates these Terms of Use or the Privacy Policy, disrupts the Site, or breaches the law or the rights of Jawany or another user, we may terminate your access to the Site and its services without prior notice.
Miscellaneous
All rights not expressly granted are reserved to Jawany. Headings in these Terms of Use are for convenience only and do not impact the interpretation. Failure to enforce any provision will not be considered a waiver of that or future provisions. If any part of these Terms of Use is found invalid or unenforceable, it won’t affect the rest of the Terms of Use, which will continue to be in full force. These Terms of Use and the Privacy Policy constitute the entire agreement between the parties and replace any prior agreements on the subject matter.