Terms and Conditions

These Terms constitute a legally binding agreement between you and Jocott Brands and all applicable affiliated companies, (collectively, “Jocott,” “we,” “us,” or “our”) posting these Terms on their websites (each, a “Site”), and any other online location, information or documentation operated by Jocott (the “Documentation”) (collectively, the Sites, and Documentation are referred to as the “Services”).

These Terms apply to your access to or use of the Services and any reference to “you” “your” or “user” refers to the individual using or accessing the Site pursuant to the Terms, and to the extent applicable, the words “you,” “your,” or “user” also refer to the legal entity on whose behalf the Services being used or accessed. The Effective Date of these Terms is the day you agree to these Terms or access the Services, whichever comes first. You may only use the Services after you agree to these Terms. If you do not agree to these Terms, you may not use our Services. If you are using or accessing the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to agree to these Terms on behalf of that legal entity

ACCEPTANCE OF TERMS. By accessing or using the Services, you confirm to us that: (1) you have read, understand, and agree to be bound by these Terms and (2) you (as the individual entering into these Terms) have the authority to enter into these Terms on behalf of the company or other entity.

2.1Ownership. All patent, copyright, trademark, trade secret, ownership, license, intellectual property, and other rights and interests in the Services (including any reports, scripts, images, photographs, text, and objects incorporated into the Services) shall remain solely with Jocott, including its licensors. As between Jocott and you, Jocott or its licensors own and reserve all right, title and interest in and to the Services and all hardware, software and other items used to provide the Services. The Services, and any part thereof, are not being sold to you. No title to or ownership of any proprietary rights related to the Services is transferred to you or any user under these Terms. Jocott may have patents, patent applications, trademarks, copyrights or other intellectual property rights that may be protected by national and international copyright laws and treaties, as well as other laws and treaties. Except as otherwise expressly provided under these Terms, we are not giving you any licenses to any such intellectual property by providing the Services to you. All rights not explicitly granted to you are reserved by us.

2.2Feedback. Jocott is free to use any comments, suggestions, recommendations, and other feedback, including without limitation, with respect to modifications, enhancements and improvements, (“Feedback”) you provide with respect to the Services for any purpose, without obligation. By submitting Feedback to us, you agree that you have the right to provide Feedback to us and that you hereby agree to grant Jocott an irrevocable, worldwide, perpetual, royalty-free license to use the Feedback for any purpose, including without limitation, to incorporate any such Feedback into the Services that Jocott generally provides.

2.3Third-Party Brands and Trademarks. The Services may display third-party brand, logos, products, and company names and these are trademarks™ or registered trademarks ® of their respective owners. The unauthorized use of the names, logos, trademarks and service marks on the Services is strictly prohibited. The display of these marks on the Services does not imply any sponsorship, endorsement, support, or ownership affiliation between the trademark owners and Jocott.

We reserve the right, at our sole discretion, to change, modify, and/or add to the Terms, in whole or in part, at any time. Such changes will be effective when posted on the Services, uploaded to the App, or on the effective date specified in such updated Terms. You agree to review the Terms periodically to ensure you are aware of any changes to the terms and conditions that apply to you. We may notify you of material changes to the Terms by sending a notice to the email address associated with your account, posting a notice, or by other methods that we may communicate to you. Your use of and access to the Services or any part thereof after any changes become effective will be considered your acceptance of those changes, and will constitute your agreement to be bound thereby. If you object to any such changes, you may not continue to use or access the Services and any part thereof, and your sole recourse will be to stop using the Services.

We reserve the right to make changes, updates, or modifications to the Services at any time for any reason without notice to you.

We may suspend or terminate the Services or your account to use specific Services, including any portion thereof, such as discontinuing the availability of the Services on a particular device, at any time and without notice to you. For example, we may suspend or terminate your access to or use of the Services for the actual or suspected violation of these Terms. If, in our determination, the suspension might be indefinite or we have elected to terminate your access to the Services, we may use reasonable efforts to notify you.

6.1User Conduct. You agree that you will not engage in, encourage, or assist any third party do any of the following:

6.1.1engage in activity that harms or disrupts the operation or performance of the Services or cause harm to others

6.1.2misrepresent your identity, impersonate any person or attempt to gain access to or illegally track any account, user, device, system or network related to the Services

6.1.3use the Services in any manner not permitted by us

6.1.4use our Services to train Artificial Intelligence systems

6.1.5use the Services for any illegal purpose

6.1.6use the Services to publish, post, share, copy, store, backup or distribute material protected by intellectual property rights of a third party, unless you own or have necessary rights to such material

6.1.7use the Services to publish, post, share, copy, store, backup or distribute material that contains viruses, Trojan horses, worms, corrupted files or any other similar software that may interfere with, surreptitiously intercept, expropriate any system, data or information, or otherwise damage the operation of the Services or another person’s device or property

6.1.8engage in online activities that would encourage other parties to cause damage to the Services

6.1.9violate, circumvent or attempt to violate or circumvent any security measures employed by us; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of our servers, system or network or attempt to breach our data security or authentication procedures; attempt to interfere with the Services by any means including, without limitation, hacking our servers or systems, transmitting a virus, overloading, mail-bombing or crashing

6.1.10directly or indirectly reverse engineer, decompile, disassemble, modify, reproduce or create derivative works of the Services

6.1.11alter or modify any disabling mechanism which may be included in Services

6.1.12collect or attempt to collect personal data, or any other kind of information about other users, including through spidering or scraping

6.1.13lease, rent, sell, transfer, distribute, re-license or sublicense the Services or use it or permit its use in a time-sharing arrangement

6.1.14remove or alter any proprietary notices (e.g., copyright, trademark notices, legends, etc.) from the Services

6.1.15conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, or any other automated activity with the purpose of obtaining information from the Services) on the Service

When you access and use the Services, we may collect certain information about you. Your use of and access to the Services is subject to our Privacy Notice, which can be accessed at www.jocottbrands.com/privacynotice.

8.1As To Express and Implied Warranties. THE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE: (a) MAKE NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (b) EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE; AND (c) DO NOT WARRANT THAT THE SERVICES OR SITE ARE OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, BE TIMELY OR SECURE, OR THAT SERVICES WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THE SERVICES OR SITE.

Some jurisdictions do not allow limitations of implied warranties, so certain limitations stated above may not apply to you. In that event, those warranties are limited to the minimum warranty period permitted by applicable law.

8.2As to Third-Party Vendors. Your interactions with companies, organizations and/or individuals found on or through our Services, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of the Services, or between a user and any third party, we are under no obligation to become involved, and you agree to release us from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or our Services.

8.3As to the Accuracy of Images. We cannot guarantee the accuracy of images (including colors and visual characteristics) as transmitted electronically and as displayed on your device. Images are solely for illustrative purposes and should not be relied upon.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL JOCOTT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, JOCOTT’S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) IF YOU ARE DISSATISFIED WITH THE SERVICES, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SERVICES, OR WITH ANY OF THE SERVICES’ TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

You agree to indemnify, defend, and hold harmless Jocott and its directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, that arise out of your use of the Services, violation of these Terms by you or any other person using your account, or your violation of any rights of another. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.

From time to time, we may need to get in touch with you regarding the Terms, the Services, and/or other matters related to your account. We may provide information to you by email using the email address you provided to us when you opened your account. You consent to receive communications from us electronically. If you do not agree to receive notices regarding the Services by e-mail, do not use the Services. Notices e-mailed to you will be deemed received by you when the e-mail is sent by us. We do not accept any liability or responsibility for e-mails or other electronic communications that are filtered, intercepted, lost, or not received.

You agree that all disclosures, notices, agreements, and other communications you receive from us electronically satisfy any legal requirement for such communications to be in writing. You may be required to have certain hardware and software to access and retain such communications, which is your sole responsibility.

You may provide legal notices to us by registered mail, return receipt requested, to the following address:

Jocott Brands

8000 Woodley Ave
Van Nuys, CA 91406

You agree to comply with all applicable local, state, national and foreign laws, rules and regulations in connection with your access to or use of the Services.

If any provision of these Terms is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these Terms.

These terms shall be construed and enforced in accordance with the laws of the State of California, United States of America, without regard to any choice of law or conflict of laws principles, regardless of where you live. You further agree that United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to the Terms.

15.1Dispute Resolution. If a dispute, controversy or claim (“Dispute”) arises relating to these Terms, we and you agree to first try to resolve the matter in good faith. The party asserting the Dispute will send a notice to the other party by registered mail explaining the reasons and circumstances for the Dispute. The receiving party will have thirty (30) days to respond to the notice of a Dispute. Send your notice of a Dispute to Jocott at the postal address shown under “Electronic Communications and Notice.” Jocott will use your address of record to send a notice to you or respond to your notice unless you indicate a different address.

15.2Arbitration Agreement. If we are unable to resolve a Dispute through dispute resolution with customer service, you and Jocott agree (Arbitration Agreement”) that any dispute, controversy or claim arising out of or in connection with or relating to this Agreement, or the formation, interpretation, breach, termination or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, will be determined by arbitration administered by JAMS pursuant to its applicable Arbitration Rules and applicable state law. The consumer shall have the right to an in-person hearing in his or her hometown area unless the parties consent in writing to a different location or JAMS determines that telephonic proceedings or in person arbitration in another location is appropriate in accordance with Consumer Arbitration Rules and/or other JAMS arbitration rules determined to be applicable by the JAMS (the “JAMS Rules”) before one (1) arbitrator. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Arbitrator will issue a reasoned written award in English, and the award of the arbitrator shall be final and judgment upon the award may be entered in a court of competent jurisdiction in any court with appropriate jurisdiction. No arbitrator will have the authority to award any relief or remedy in excess of, or contrary to what is provided in this Agreement. Notwithstanding the above, neither party is precluded from seeking interim injunctive or other equitable relief in any court with competent jurisdiction, and neither party shall be held to have waived the right to enforce this arbitration clause by filing a lawsuit to obtain any injunctive or other equitable relief for the purpose of protecting the rights and property of such party.

The allocation of costs between the parties shall be allocated in accordance with the JAMS Consumer Minimum Standards (the “Standards”). Unless prohibited by the Standards or JAMS Rules, each party will bear their own costs in connection with the arbitration. The JAMS Rules are available at www.jamsadr.com/adr-rules-procedures/. The Standards are available here https://www.jamsadr.com/consumer-minimum-standards/. In order to initiate arbitration, a completed written demand (available at www.jamsadr.com/submit/) must be filed with the JAMS and provided to the other party, as specified in the JAMS rules. Pursuant to the Standards, the parties may exchange non-privileged information relevant to the dispute as part of the arbitration.

15.3Waiver of Rights to Jury Trial and Class Action. Except as provided herein all Disputes shall be resolved by mandatory and binding arbitration, which may not be consolidated or combined with any other arbitration, or proceed on a representative basis or capacity for other parties, without our express written consent. Therefore, you give up your right to go to court to assert or defend your rights. You also give up your right to bring or participate in class actions brought in court, and to arbitrate or participate in arbitration on a class basis. Your rights will be determined by a neutral arbitrator, and not by a judge or jury. You and Jocott are each waiving the right to a trial by jury.

16.1Age Restriction: The Services are intended for use by persons who are of the applicable age of majority in their state of residence (generally age 18 or older). If you are under the applicable age you may not use the Services or submit any information to Jocott.

16.2Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.3Force Majeure. We will not be liable to you for any delay, interruption or other failure to perform under these Terms due to acts beyond our reasonable control, including, without limitation, natural disasters, wars, riots, terrorist activities, Internet service providers and other third parties, explosions and fires, strikes and labor disputes, governmental decrees, pandemics, and other acts beyond our reasonable control.

16.4Assignment. We may assign or transfer these Terms or our rights and obligations under these Terms, in whole or in part, to any third party at any time without notice. You may not assign or transfer these Terms or any of your rights and obligations, in whole or in part, without our prior written consent, and any attempt by you to do so will be invalid and void.

16.5Independent Contractors; Third Party Beneficiaries. You and we are independent contractors, and nothing in these Terms creates a partnership, employment relationship, or agency. There are no third-party beneficiaries of these Terms.

16.6Entire Agreement. These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof.

16.7Rules of Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms.

16.8Survival. The following provisions shall remain in full force and effect notwithstanding any termination of your use of the Services: Sections 2 through 7, and 8 through 15.