Welcome to the FlyJane website (“ FlyJane,” “we”, “us”, or “our”).
Please take a moment to review these Terms and Conditions. The following rules and regulations apply to all visitors accessing the ShopFlyJane.com website. Your use of this website and/or purchase of any products through this website constitute your agreement to the following Terms and Conditions. By accessing ShopFlyJane.com (the "Website"), you (the "User" or "you") represent and warrant that you have read, understood and agree (1) to be bound by the following Terms and Conditions ("Agreement"); (2) that you have the right, authority, and capacity to abide by this Agreement; and (3) that you agree to comply with all applicable laws and regulations concerning your access and use of the website. In the event of a violation of these rules and regulations, flyJane reserves the right to seek all remedies available by law and in equity.
USE OF SITE
You represent and warrant that you are at least 18 years of age or older or visiting the Site under the supervision of a parent or guardian.
By making a request/order you are offering to purchase a product which we will accept to sell to you under the following Terms and Conditions. All requests are subject to availability and confirmation of the order price by us. Dispatch times may vary according to availability and any guarantees, warranties, or representations made as to delivery times are limited exclusively to delivery points within the contiguous United States of America and are on the basis that we are not responsible for any delay in delivery occurring due to postal delays or force majeure. FlyJane is absolutely entitled to refuse any request made by you. If your order is accepted, we will inform you by email or by phone. When placing an order, you undertake that all details you provide to us requesting goods or services are true and accurate, that you are an authorized user of the credit or debit card used to make your request. You also undertake that there are sufficient funds to cover the cost of those goods and services on such form of payment. It is your responsibility to inform us of any changes to these details as soon as possible. All prices advertised are subject to change without prior notification.
FlyJane may assign you a password and account identification, (otherwise known as a Login ID and Password) to enable you to access and use certain portions of this Site. Each time you use a Login ID and Password, you will be deemed authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement. FlyJane has no obligation to investigate the authenticity or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND ACCOUNT IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION TO, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION TO FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and account identification assigned to you. You shall immediately inform FlyJane of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
FlyJane reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation to, if FlyJane believes that customer conduct violates applicable law or is harmful to the Site’s interests.
Subject to the terms and conditions of this Agreement, FlyJane hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your Internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by FlyJane in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
FlyJane and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, "Materials") are protected by U.S. and International laws and treaties. All Materials are provided by FlyJane as a service to its current and prospective customers and may be used only for personal informational and product ordering purposes. No right, title or interest in our Materials is conveyed to you. This is a limited license. Not a transfer of title of our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, translate, distribute, perform, display, post, modify, market, create derivative works from, sell, license, reverse-engineer, disassemble, decompile or otherwise exploit this site or any of its Materials without our prior written consent; (b) you may not access or use the ShopflyJane.com Website for any competitive or commercial purpose; and (c) you will not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. flyJane may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by FlyJane Enterprises, LLC.
DISCLAIMER OF WARRANTY
Access to the ShopFlyJane.com Website is provided to our current and prospective customers "AS IS" and "AS AVAILABLE" and without warranty of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. ShopflyJane.com DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
This includes all products, services, and information made available on or through this website. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. ShopflyJane.com reserves the right to block or deny access to the Website to anyone at any time for any reason.
ShopflyJane.com makes no representation that the information contained on this website, your results in using this website or the service itself will be accurate, valid, reliable or available or that it does not violate or infringe the rights of any third party. ShopflyJane.com makes no representation and specifically disclaims any warranty regarding any site linked to this website.
This disclaimer by ShopFlyJane.com in no way affects the terms of any manufacturer's or third party seller's warranty, if any, related to the goods purchased via this website. Title to goods and merchandise is retained by shopflyJane.com until goods and merchandise is paid for by the purchaser and at that time title passes to the purchaser.
All code, trademarks, service marks, trade names, graphics, photographs, text, button icons, images, audio clips, logos, intellectual property, and software (collectively, "Content"), belong exclusively to shopflyJane.com and its Content suppliers. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belong exclusively to shopflyJane.com. All software used on this Site (the "Software") is the property of shopflyJane.com and its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international laws and treaties. Users are granted permission to browse and use the shopflyJane.com site for its intended purpose, which is for your retail use only as a consumer. Any other use, including but not limited to the reproduction, modification, distribution, transmission, republication, removal, deletion, addition, display, or performance of the content on this site or the exploitation in any other manner of any of the content of this website, in whole or in part, is strictly prohibited.
ShopflyJane.com does not grant, by implication, or otherwise, any license or right to use any trademark, service mark, trade name or logo, or the content displayed on this website, without the prior written consent of FlyJane Enterprises, LLC. Fly Jane prohibits use of the FlyJane logo as a link to any website unless creating such a link is approved in advance by FlyJane Enterprises, LLC in writing. Registered and unregistered proprietary information is owned and held by FlyJane Enterprises, LLC and, therefore, you may be liable for infringement or misappropriation or other legal action to the fullest extent of the law if you misuse this website in any form mentioned or unmentioned.
ShopflyJane.com has a no-tolerance policy regarding the use of our trademarks or names in metatags, page text, and/or hidden text. We consider this to be trademark infringement and all violations will be sought after for remedy to the fullest extent of the law. Also, the use of trademarks or names in page text, metatags, and/or hidden text for the purposes of gaining higher rankings from search engines are unfair competition. Linking to any ShopflyJane.com web page is prohibited absent express written permission from shopflyJane.com. Framing, inline linking or other associations of the ShopflyJane.com Website or its Materials with links, advertisements and/or other information not originating from the ShopflyJane.com website is expressly prohibited.
LIMITATION OF LIABILITY
IN NO EVENT WILL ShopFlyJane.com, its content providers, or advertisers, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES FOR USE OF THIS SITE INCLUDING, WITHOUT LIMITATION TO, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services arising out of or related to the use OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF ShopflyJane.com IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, irrespective of whether such damages arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
ShopflyJane.com encourages you to exercise discretion while browsing the Internet. This site may contain links to other sites on the Internet that are owned and operated by third parties. These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the ShopFlyJane.com Website. None of such links should be deemed to imply that ShopFlyJane.com endorses the Third Party Sites or any content therein. ShopflyJane.com makes no representation or warranty about the legality of any third party website. Any such website is independent from ShopflyJane.com. You acknowledge that ShopFlyJane.com has no control over, or responsibility with respect to, the information provided or activities undertaken by any such website. A link between ShopFlyJane.com and another website further does not mean that ShopflyJane.com endorses that website. Linking to off-site pages is done at your own risk, requiring you to make your own independent decisions regarding your interactions or communications with any other website. ShopflyJane.com expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party, the goods or services offered or the content displayed by any such third party not under the ShopflyJane.com or affiliating domains.
REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to this Site, including without limitation to, blog comments, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and flyJane shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, market, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of ShopflyJane.com and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to this Site, you also grant ShopflyJane.com the right to use the name or screen name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by Fly Jane will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than you or otherwise mislead flyJane or third parties as to the origin of any Submissions or Content. flyJane may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
INTERNATIONAL ACCESS AND JURISDICTION
Fly Jane controls this Website from its offices in the State of Georgia in the United States of America. This Site may be accessed from countries other than the United States, however may contain products or references to products that are not available outside of the United States. Fly Jane does not imply that the materials published on this Website are appropriate for use outside of the United States. If you access this Website from outside of the United States, you do so, on your own initiative and you are responsible for compliance with local laws. The terms of this Website shall be governed by the laws of the state of Georgia, U.S.A., without giving effect to its conflict of laws provisions.
All prices displayed on this website are quoted by default in U.S. dollars. Applicable fees and surcharges such as, flyJane as deemed necessary will add shipping and handling and all applicable sales/use taxes. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, flyJane shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. flyJane shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, flyJane shall immediately issue a credit to your credit card account in the amount of the charge. Products displayed on the website are available while supplies last.
UNAUTHORIZED USE OF THE WEBSITE
You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere or attempt to interfere with, or impose an unreasonable burden or load on, the operation of the website.
You agree that you are prohibited from posting or transmitting to the ShopflyJane.com website any threatening, abusive, offensive, harassing, illegal, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, in breach of confidence, copyright, privacy or any other rights; act contrary to the acceptable use policies of any Linked Sites or community standards generally; transmit or distribute a virus; hack into any aspect of the Site; corrupt data; cause annoyance to other Users; infringe upon the rights of any other person's trademarks or other proprietary rights; send any unsolicited advertising or other promotional material, or any other material that could give rise to any civil or criminal liability under the law, commonly referred to as "spam"; attempt to affect the performance or functionality of any computer facilities accessed through the ShopflyJane.com Website. flyJane reserves the right to seek all remedies available by law and in equity for violations of these terms and conditions, including the right to block access from a particular internet address to this website.
TERMINATION AND EFFECT OR TERMINATION
You agree that any unauthorized use of this website, content materials and intellectual property or any fraudulent, abusive or otherwise illegal activity shall be grounds for termination of your right to access, browse and use of authorized areas of the ShopflyJane.com website. In addition to any other legal or equitable remedies, ShopflyJane.com reserves the right to terminate your access to our website and its content and use at any time, with or without notice at our discretion.
Should you have any questions regarding our terms and conditions, please email us at firstname.lastname@example.org.
By accessing, browsing and/or using this website, you acknowledge that you have read, understood and agree to be bound by these terms and conditions and you agree to comply with all applicable laws and regulations.
For questions regarding this agreement, please contact FLYJANE at email@example.com.