Terms of Use
Effective as of May 2021 IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as "you" or "user" or with "your") AND JAH MAMA LLC (referenced herein as "Jah Mama") THAT APPLIES EACH TIME YOU USE OR ACCESS THE JAHMAMASAUCE.COM WEBSITE (referenced herein as the "Site"). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT ("TOU") AS THEY GOVERN YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THIS TOU, YOU ARE NOT PERMITTED TO USE OR OTHERWISE ACCESS THE SITE.
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LICENSE GRANT. The Site is made available by Jah Mama, and this TOU provides to you a personal, revocable, limited, non-exclusive, nontransferable, and non-sublicensable license to use the Site conditioned on your continued compliance with this TOU. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not further distribute or disclose such materials and information. You may not access or use the Site or any materials through the Site for any commercial or unauthorized purposes. If you wish to make use of the Site other than as set out herein, you may contact Jah Mama using the contact information set forth below.
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LICENSE GRANT RESTRICTIONS. This TOU is only a license and not an assignment or sale. Jah Mama transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else. Further, Jah Mama reserves all rights not expressly granted by this TOU. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove, or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site.
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USER OBLIGATIONS. By accessing or using the Site, you represent and warrant that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the Site. Individuals under the age of eighteen (18) (or the applicable age of majority) may utilize the Site only with the involvement and acceptance of this TOU by a parent or legal guardian. If you are accessing or otherwise using the Site on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this TOU. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site. You also acknowledge and agree that use of the Internet and the Site is solely at your own risk.
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ACCOUNT. Registration for access to and use of particular areas or functionality of the Site may require access credentials, such as a username and password, or adherence to other particular access requirements as designated by Jah Mama in its sole discretion from time to time. You hereby agree to consider and maintain your access credentials as the confidential information of Jah Mama. You shall immediately notify Jah Mama if you suspect or become aware of any loss or theft of or unauthorized use of your access credentials. Your username and password may be updated or deleted by "Customer can contact the Jah Mama team at info@jahmamasauce.com to assist in deleting their account upon request."
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PROPRIETARY RIGHTS. The Site is owned by Jah Mama LLC Copyright 2021 © Jah Mama LLC and/or its licensors. All rights reserved. Any downloadable or printable information or materials available through the Site, unless otherwise indicated, are owned by Jah Mama and/or its licensors. Jah Mama, the Jah Mama logo, and all other names, logos, and icons identifying Jah Mama and its software, solutions, products, and services are proprietary trademarks of Jah Mama, and any use of such marks without the express written permission of Jah Mama is strictly prohibited. Other service, product, or company names mentioned herein may be the trademarks and/or service marks of their respective owners.
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USER CONTRIBUTIONS. The Site provides interactive features where you can share content and reviews regarding the products (with such shared reviews referenced collectively as “User Contribution(s)”). You agree that by using the Site you will not upload, post, display, or transmit any of the following:
- anything which may damage, lessen, or harm the goodwill or reputation of Jah Mama and its services;
- anything which defames, harasses, threatens, offends, or in any way violates or infringes on the rights of others;
- anything which involves the impersonation of any other person or entity;
- anything which constitutes junk mail, spam, or unauthorized advertising; or
- anything which is unlawful.
Jah Mama reserves the right to establish additional practices, parameters, and limits in its sole discretion concerning the storage, display, or availability of any User Contribution(s). Further, Jah Mama shall not have any obligation to utilize any User Contribution(s).
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PERMISSION TO USE USER CONTRIBUTIONS. By submitting any type of a User Contribution(s), you automatically and hereby grant to Jah Mama a perpetual, royalty-free, transferable, sublicensable, and non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such User Contribution(s), without additional approval or consideration, in furtherance of, and, in connection with the operation of the Site, and you hereby waive any claim to the contrary. You represent that you have all necessary rights to make a User Contribution(s) available to Jah Mama, and you also acknowledge that Jah Mama has no control over the extent to which any idea or information (in a User Contribution) may be used by any party or person once it's posted or displayed.
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NO PRE-SCREENING OF USER CONTRIBUTIONS. Jah Mama is not responsible for pre-screening or editing your or any other user’s User Contribution(s) and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any User Contribution(s). Moreover, Jah Mama does not endorse, oppose, or edit any opinion or information provided by you or another user (unless separately and expressly provided by Jah Mama) and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any User Contribution(s) displayed, uploaded, or distributed by you or any other user. Nevertheless, Jah Mama reserves the right to monitor, delete, access, read, preserve, disclose, or take other action with respect to any User Contribution(s) that Jah Mama believes in good faith violates this TOU and/or is, or is potentially, unlawful or harmful to Jah Mama, its services, or goodwill. If you violate this TOU, Jah Mama may, in its sole discretion, delete the unacceptable content from your User Contribution(s), remove or delete the User Contribution(s) in its entirety, issue you a warning, and/or terminate your use of this Site.
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DMCA Takedown Policy. It is Jah Mama’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA). Jah Mama respects the intellectual property of others. Users who believe that their intellectual property rights have been infringed through the online services provided by Jah Mama may contact Jah Mama through their authorized agent and request that the infringing material be removed or access to it be blocked. Jah Mama's designated “Agent for Notice” of claims of copyright infringement can be reached as follows: [Jah Mama’s Agent of Notice]; [DMCA’s Agent’s email]; [DMCA’s Agent’s Phone Number].
Proper notification of copyright infringement must be sent to Jah Mama’s Agent for Notice (as designated above) and must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Jah Mama to locate the material;
- Information reasonably sufficient to permit Jah Mama to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please place the following label, “Notice of Infringement,” in the subject line of all such communications to Jah Mama. Jah Mama will promptly remove or disable access to materials that are the subject of a proper DMCA notification and notify the user responsible for the material about said removal.
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FEEDBACK. Jah Mama welcomes your feedback and suggestions about Jah Mama’s products and/or services, or with respect to how to improve the Site. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to Jah Mama, you represent and warrant that you own all rights to such Feedback and the Feedback does not infringe the rights of any third party. In addition, the submission of Feedback will include an irrevocable, perpetual, royalty-free license for Jah Mama to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist therein, and you hereby waive any claim to the contrary.
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RELIANCE ON INFORMATION POSTED. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
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PRIVACY POLICY. Please see Jah Mama’s Privacy Policy for a summary of Jah Mama’s personally identifiable information collection and use practices. You further agree that any such notices, agreements, disclosures, or other communications that Jah Mama sends you electronically (using the contact information you provide through the Site) will satisfy any legal communication requirements.
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LINKS TO OTHER SITES. Jah Mama may provide links, in its sole discretion, to other third-party websites and/or provide access to social media platforms. Such other sites, including social media platforms, are maintained by third parties over which Jah Mama exercises no control. These links do not imply an endorsement with respect to any third party or the information, products, or services provided by any third party unless Jah Mama expressly states otherwise. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
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DISCLAIMER. THE SITE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. JAH MAMA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. JAH MAMA ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION OR SERVICES PROVIDED BY OR AVAILABLE THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION ACCESS TO OR USE OF ANY THIRD PARTY CONTENT OR SITES.
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LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PROVIDED BY LAW, YOU EXPRESSLY ABSOLVE AND RELEASE JAH MAMA FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND JAH MAMA’S CONTROL. MOREOVER, IN NO EVENT SHALL JAH MAMA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, EVEN IF JAH MAMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING, THE FOREGOING TOTAL LIABILITY OF JAH MAMA FOR BREACH OF THIS TOU IS CESSATION OF USE OF THE SITE AND FOR ANY OTHER REASON RELATED TO YOUR USE OF THE SITE WHATSOEVER, FOR AN AMOUNT NOT EXCEEDING FIVE HUNDRED (500) DOLLARS.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, LIABILITIES, AND DAMAGES AND, ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, JAH MAMA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
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INDEMNIFICATION. You agree to indemnify, defend, and hold Jah Mama (and its partners, suppliers, affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns) harmless from any and all claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including without limitation attorneys’ fees, arising out of or related in any manner to your breach or alleged breach of this TOU.
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ENFORCING SECURITY. Jah Mama wishes to keep the Site as a safe and productive resource. You therefore may not use the Site or any of Jah Mama’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior. Jah Mama reserves the right to view, monitor, and/or record activity on the Site in order to maintain security of the Site. Such recorded activity is subject to review by law enforcement organizations. Jah Mama will also comply with all court orders or subpoenas involving requests for information. Jah Mama reserves the right at any time to suspend or terminate operation of or access to the Site or any portion of the Site.
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INJUNCTIVE RELIEF. You agree that Jah Mama shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that Jah Mama post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Jah Mama to enforce any provision of this TOU.
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TERM AND TERMINATION. This TOU will take effect (or re-take effect) at the moment you begin downloading, accessing, or using the Site, whichever is earliest. Jah Mama reserves the right at any time and on reasonable grounds to deny your access to the Site or to any portion thereof and this TOU will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice. You may also terminate this TOU at any time by ceasing to use the Site, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Site will reapply this TOU (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The provisions concerning Jah Mama’s proprietary rights, Feedback, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this TOU for any reason.
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GOVERNING LAW. The Site is controlled and operated by Jah Mama from its offices within the United States. This TOU has been made in and will be construed and enforced in accordance with the laws of the State of Delaware as applied to agreements entered into and completely performed in the State of Delaware. Any action to enforce this TOU will be brought in the courts presiding in the State of Delaware, and all parties to this TOU expressly agree to be subject to the jurisdiction of such courts. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
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WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by Jah Mama of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
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ENTIRE AGREEMENT. No joint venture, partnership, employment, affiliate, or agency relationship exists between you and Jah Mama as a result of this TOU or your utilization of the Site. This TOU represents the entire agreement between you and Jah Mama with respect to use of the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Jah Mama with respect to the Site. You may not assign or transfer any rights under this TOU without the prior written consent of Jah Mama. Please note that Jah Mama reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or e-mailing notice thereof to you. In addition, Jah Mama may add, modify, or delete any aspect, program, or feature of the Site, but Jah Mama is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review this TOU on a periodic basis.
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CONTACT INFORMATION. If you have questions regarding the Site or if you are interested in obtaining more information concerning Jah Mama, please contact Jah Mama, 466 Foothill Blvd #372 La Cañada Flintridge California 91011, or info@jahmamsauce.com.