Terms + Conditions

Jiminy's, Inc. Terms and Conditions of Service Agreement

Last Updated: September 14, 2023

The following terms and conditions of service (the “Terms of Service”) is a binding agreement between you and Jiminy’s, Inc. (“Jiminy’s” “us” or “we”), with respect to your use of our website at jiminys.com (the “site” or “website”), and the services and products available on the Site, including any Content (as defined in Section 6 below) (collectively, the Site, services, products, and Content are hereinafter referred to as the “offerings”). By accessing or using the Offerings in any manner (whether automated or otherwise), you acknowledge that you have read, understand, and agree to these Terms of Service including the Privacy Policy located at https://jiminys.com/pages/privacy-policy (the “Privacy Policy”). If you do not agree to these Terms of Service or other listed policies, do not use these offerings. 

Acceptance of Terms. By using the Website or Services, you represent that you are at least 18 years of age or have obtained consent from a parent or legal guardian and that you have the legal capacity to enter into this Agreement. If you are accessing the Website and Services on behalf of a company or organization, you represent and warrant that you are authorized to act on behalf of that entity.
No Guarantee. Changes to Offerings and Products: Jiminy's reserves the right to make changes to the Services, including offerings and products, at any time without prior notice. We may add, modify, or discontinue features or offerings as we see fit.

Cancellation of Services or Products: Jiminy's may cancel, suspend, or terminate the provision of any Service or product at our discretion, without liability, and without notice.

Payment and Charges: You agree to pay all charges and fees associated with your use of the Services or the purchase of products as specified on the Website. Payment is due at the time of purchase unless otherwise indicated.

Site Conduct & Posting Policies

a. Passwords and Security: You are responsible for maintaining the confidentiality of your account login information, including your username and password. You are responsible for all activities that occur under your account. If you suspect unauthorized access to your account, you are responsible for notifying us.

 

b. User-Created Content Guidelines: You may submit or post content on the Website, subject to the following guidelines:
  • Content must not violate any applicable laws or regulations.
  • Content must not infringe upon the intellectual property rights of Jiminy's or others.
  • Content must not be harmful, threatening, abusive, defamatory, vulgar, obscene, or otherwise objectionable.
c. No Endorsement: The views and opinions expressed by users of the Website and Services do not necessarily represent the views of Jiminy's. We do not endorse or guarantee the accuracy of user-generated content.

 

d. Third-Party Websites: The Website may contain links to third-party websites. Jiminy's is not responsible for the content, policies, or practices of these third-party sites. Your use of such websites is at your own risk.

Third-Party Sites and Information. Jiminy's may provide third-party content or information on the Website for your convenience. We make no representations or warranties regarding the accuracy, completeness, or reliability of such third-party content.

 

Company Intellectual Property

 

a. Ownership of Content: All content on the website, including but not limited to text, graphics, logos, images, videos, and software, is the property of Jiminy's or its licensors and is protected by intellectual property laws. Jiminy’s and other marks indicated on our site are trademarks owned exclusively by Jiminy’s. The use of these trademarks and trade dress is prohibited if used in connection with the sale of any product that is not Jiminy’s, in any manner that seeks to disparages or discredit Jiminy’s or in any manner that may cause confusion among our customers.


Limitations on Use of Content: You may not use, reproduce, distribute, or create derivative works based on this content without explicit permission from Jiminy's. Our content is protected by United States and international copyright laws and we reserve all rights contained therein. 

 

License and Site Access. Jiminy’s grants you a limited license to access and make personal use of this website. This license does not include the right to download any material (other than routine page caching), modify any material, or any portion thereof, without the express written consent of Jiminy’s. This license excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, and/or copying account information. This website or any portion of this website may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express written permission of Jiminy’.. You are prohibited from using meta tags or any other hidden text utilizing Jiminy’s name or trademarks without the express written consent of Jiminy’s. Any unauthorized use of this websites voids the limited license granted by Jiminy’s.

b. No Warranty for Third-Party Infringement. Jiminy's does not warrant that the use of materials displayed on the Website will not infringe the rights of third parties.


c. Content You Create: Your Intellectual Property Rights. Any content you submit or post on the Website remains your intellectual property. By submitting or posting content, you grant Jiminy's a non-exclusive, royalty-free, worldwide, irrevocable, perpetual license to use, modify, adapt, publish, translate, and distribute such content on the Website and in connection with the services. By your submission you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Jiminy’s or its affiliates for all claims resulting from content you supply. Jiminy’s reserves the right to remove any content at our sole discretion.

Confidential Information. Jiminy's may provide you with access to confidential information, including but not limited to product information and pricing. You agree to keep this information confidential and not disclose it to third parties.

Disclaimer. Jiminy's reserves the right to make changes to the Website, including prices and products, at any time without notice. We do not guarantee that the information on the Website is accurate, complete, or up-to-date. While we make every effort to ensure accurate product information, including descriptions, pricing, images, videos, and any other form of media, please note that the appearance and availability of products may vary based on factors such as your device's settings and screen resolution. 

We reserve the right to change prices, product offerings, and product information without prior notice. Such changes may occur due to factors beyond our control, including supplier updates, market conditions, or technological advancements. 

 

Limitation of Liability & Indemnification


a. Limitation of Liability: Under no circumstances shall we be held liable to you or any third party for any form of special, punitive, incidental, indirect, or consequential damages, or any damages whatsoever, including but not limited to those arising from the loss of use, data, or profits. This holds true regardless of whether we have been apprised of the potential for such damages and irrespective of the legal theory of liability. Such liability is expressly disclaimed, and it pertains to the use of this site or any website linked or referenced from this site. Furthermore, no legal action, regardless of its form, stemming from your use of our offerings and/or any other products and/or services provided by or through the same, may be initiated by you more than one (1) year after the occurrence that triggered the underlying cause of action. In addition, we are not liable in any way for any assurances made by third parties regarding our offerings or for facilitating commercial transactions with third parties through this site. This includes, but is not limited to, order processing.


b. Indemnification: You agree to indemnify and hold Jiminy's and its affiliates, officers, agents, employees, and partners harmless from any claims, demands, losses, liabilities, costs, and expenses, including attorney's fees, arising from your use of the Website or Services or your violation of this Agreement.

Promotions and discounts. Jiminy’s may offer special offers and discount codes to be used in conjunction with this website. These offers are frequently disseminated via this website and through email to those who have registered for our email database. They are sometimes posted on the website or announced via other means of communication in conjunction with the promotion of the Jiminy’s product collection, including radio and TV broadcasts, internet forums and various online websites. We will determine, at our sole discretion, if all purchasing criteria has been met to qualify for stated discount or free product. If you successfully circumvent the software safeguards of this website in order to receive several free products with your order, then we will (at our sole discretion) remove any extraneous free product from your order or cancel the order in its entirety. You will be informed of any order changes via the phone number or email address listed with your order. 

Termination of Use. Jiminy's may, in its sole discretion and without notice, terminate or suspend your account and access to the Website and Services for any reason, including if you violate these terms or engage in conduct that Jiminy's believes is harmful to other users or Jiminy's.

Changes to Terms of Service. Jiminy's reserves the right to modify or revise these terms at any time without notice. Any changes will be effective immediately upon posting on the Website. You are responsible for regularly reviewing these terms to stay informed of any updates. Your continued use of the Website or Services after changes are posted constitutes your acceptance of the modified terms. 

 

Miscellaneous Provisions 

Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of law principles.

Contact Information. If you have any questions or concerns about this Agreement, please email us at hello@jiminys.com. By using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by this Terms and Conditions of Service Agreement.