The following Terms of service (along with the privacy policies displayed on the Community Service pages of this website ) establish the legal conditions that apply to your use of our website www.jackiesmith.com/es or www.jackiesmith.com/en (hereinafter the “website” or “site” ) and the other services we offer.
This website is operated by Jackie Smith. Throughout the site, the terms “we”, “us” and “our” refer to Jackie Smith. Jackie Smith offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then 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 new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - TEXT MESSAGES/SMS
The Jackie Smith mobile message service (the "Service") is operated by Jackie Smith (“Jackie Smith”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Jackie Smith’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Jackie Smith through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Jackie Smith. Your participation in this program is completely voluntary.
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 frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18333420948 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Jackie Smith mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18333420948 or email email@example.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
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.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
SECTION 9 - JACKIE CLUB
Jackie Club is a Benefits Program (hereinafter the Program) through which Jackie Smith. (hereinafter the COMPANY) has decided to reward the associated customers who complete actions within the Program and make purchases through jackiesmith.com. For this purpose, it has created the Jackie Club Program that will grant different benefits to the MEMBERS, all according to these REGULATIONS.
In order to participate in the JACKIE CLUB Program, it is an essential requirement to have an email account, with which the MEMBER may join and become a member of the Program, and whoever participates in this way shall become a MEMBER (hereinafter THE MEMBER).
- To join and participate in JACKIE CLUB, it is necessary to create an account at jackiesmith.com and provide all the information requested by the company, or through the corresponding procedure in case JACKIE SMITH implements another registration mechanism. JACKIE SMITH reserves the right not to incorporate into the Program those customers who do not provide all the required information at the time of application.
- By accepting these REGULATIONS, the client becomes a MEMBER, accepting the terms and conditions set forth herein.
- The information collected by the COMPANY to register the MEMBER in the JACKIE CLUB Program may be processed in order to provide the MEMBER with proposals, offers and promotions resulting from commercial alliances with third parties, or from those in which the COMPANY has a stake.
- By joining the Program, the MEMBER expressly accepts and agrees to the access and processing of the information by the COMPANY in accordance with Jackie Smith's privacy policies.
- For the purposes of becoming a MEMBER, you may only associate one email address per person. The creation of multiple email addresses by the same person will result in immediate disaffiliation from the program, without notice.
- Only individuals may participate in the program.
- These are gift POINTS that the MEMBER will receive for completing different actions within the Program and for purchases* made at jackiesmith.com. The POINTS that the member receives will be accumulated and will be valid for one year from the moment of their accreditation. According to the MEMBERSHIP the MEMBER has at the time of payment, the MEMBER will receive 1, 2 or 3 POINTS for every $1 invested.
- The POINTS that the MEMBER receives for purchases at www.jackiesmith.com will be equivalent to the Price of the Product at the time of purchase and will NOT include shipping costs, taxes or duties.
*The purchases made in the Digital Market Sale do not accumulate POINTS.
- The MEMBER can redeem his/her POINTS by generating discount coupons from his/her account within the Program only. The discount coupons can be used only once and, in case of not doing so, they will be available for future purchases within the panel of his/her account. Discount coupons cannot be undone once generated. They have no expiration date and can only be used in our online store jackiesmith.com.
Discount coupons are for the exclusive use of the MEMBER who generated them and can only be used by said MEMBER.
- The POINTS are valid for 1 year from the date they are earned. In the case of new MEMBERS, it will be from the creation of their account.
- The POINTS are of exclusive use for purchases at jackiesmith.com, the amount of the coupons generated corresponds to the same value of the U.S. dollar (USD).
- The accumulation of POINTS within the Program is annual. The MEMBER will be notified 30 days prior to the expiration of the POINTS so that he/she can redeem them. At the end of the period the member's expired POINTS will return to 0 (zero) for the beginning of a new period. The POINTS accumulated after the expiration of this date will remain valid.
- In the event that a customer has made a purchase and is not yet part of the PROGRAM, he/she will have a period of 7 days to become a member and be able to use the POINTS of said purchase.
GENERAL CONDITIONS OF USE
- In order to receive POINTS* in your account, the MEMBER must prove his/her identity before making purchases or completing actions. Purchases made on jackiesmith.com outside the program will not earn POINTS. *The POINTS generated by actions and purchases on the web are automatically credited.
- Any taxes, rights or obligations applicable as a result of a MEMBER in the JACKIE CLUB program will be paid by the MEMBER.
- The COMPANY may deduct or cancel from the accounts of the MEMBERS, any transaction partially or totally credited in error and/or cancelled or reversed, and any transaction accumulated in opposition to the terms of these REGULATIONS, or through the abusive exercise of the rights provided for in these REGULATIONS.
- The COMPANY, as administrator of the JACKIE CLUB Program, reserves the right to manage in the manner it deems most convenient the exact dates for the closing of the period and settlement of accounts.
- The COMPANY as administrator of the JACKIE CLUB Program reserves the right to modify or discontinue the Benefits offered by the same as it deems convenient.
- The COMPANY reserves the right to make any kind of changes in the relationship "purchase amount, accumulation of POINTS, period closings" as defined above, and/or to make any other kind of modification or changes in the terms and conditions of these REGULATIONS, the validity and application of which shall be in accordance with the provisions herein.
- The POINTS accumulated within the Program cannot be redeemed as cash or monetary value, unless otherwise indicated as a form of expenditure as part of the Program.
- In the case of canceled or refunded orders, the POINTS that would have been credited will be removed from the Member's account. In case the Member has made the purchase using a discount coupon, it will be reactivated within 72 hours.
- The program is exclusively intended for end-consumers. The resale of products purchased through this program is prohibited. Failure to comply with this clause will result in the automatic disaffiliation of the offender, who will not be reinstated in the future.
- Orders: Bleecker Street S.A. has created and is the registered owner of the website www.jackiesmith.com with the purpose of offering, exclusively, a service to its own customers. The products for sale on the website www.jackiesmith.com are intended for the End Customer. End Customer of www.jackiesmith.com means the person or persons who do not operate their own business or professional activities and may include, among others, the resale of products purchased on www.jackiesmith.com.
Therefore, www.jackiesmith.com requests users who do not consider themselves to be an End Customer to refrain from attempting to establish business relationships with www.jackiesmith.com and/or from using third party accounts to generate purchase orders relating to products for sale therein.
With respect to the commercial policy described above, www.jackiesmith.com reserves the right not to process orders from persons other than the End Customer and/or any orders that do not conform to such policy.
SCOPE OF THE PROGRAM AND ITS ELEMENTS
The program is effective as of 07/22/2020 for www.jackiesmith.com.
The COMPANY reserves the right to terminate or suspend the Program at any time, and for such purpose shall notify its decision in such sense at least 30 (thirty) calendar days prior to the termination date, by means of a notice made by any mass media or particularly to each member, without giving rise to any claim or compensation to the MEMBERS for any reason whatsoever.
- The COMPANY reserves the right to introduce modifications and changes to these REGULATIONS at any time it deems convenient. In the case of modifications to these REGULATIONS, acceptance shall be perfected by the use of the program after such modifications become effective.
- Any reward, benefit or offer communicated as part of the Jackie Club Program may include specific terms and conditions of the offer, including expiration dates and redemption conditions. The member should read these terms and conditions carefully.
Offers, benefits and rewards are not transferable and are for the exclusive use of the Member receiving them.
TERMINATION FROM THE PROGRAM
The MEMBER may voluntarily request cancellation of the JACKIE CLUB program by expressing his/her intention to firstname.lastname@example.org.
ACCEPTANCE OF THE RULES
Participation in the program implies acceptance of all the terms and conditions set forth in these REGULATIONS.
SECTION 10 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 - PERSONAL INFORMATION
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 - 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; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
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 agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Jackie Smith, 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.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Jackie Smith 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.
SECTION 17 - 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.
SECTION 18 - 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).
SECTION 19 - 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.
SECTION 20 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 848 Brickell Ave. Ste. 203, Miami, FL, 33131, United States.
SECTION 21 - 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.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com