Website Terms of Use

 

Last Updated: July 18, 2018

 

Penshurst Trading d/b/a Juliska, Inc. d/b/a Capucine de Wulf (“Penshurst Trading”) offers the juliska.com and capucinedewulf.com Sites (collectively, the “Sites”) for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving our goods and services and/or to otherwise transact business with or contact us, on their own behalf. Your use of the Sites constitutes your acceptance of these Terms of Use, together with the Privacy Policy ([LINK]), which form the entire agreement relating to your use of the Sites.

 

PLEASE NOTE THAT THESE TERMS RESTRICT YOUR RIGHTS REGARDING MAINTAINING A COURT ACTION AGAINST US. BY ACCESSING, BROWSING, OR USING THE SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING, WITHOUT LIMITATION, BINDING ARBITRATION. IF YOU DO NOT AGREE TO THESE TERMS THEN PLEASE DO NOT USE THE SITES.

 

Submissions

 

We welcome your comments regarding the Sites. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to the Sites shall be and remain the exclusive property of Penshurst Trading. Your submission of any such Comments shall constitute an assignment to Penshurst Trading of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Penshurst Trading will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

 

You promise that:

  • you own all rights to your Comments or, alternatively, that you have the right to give us the rights described above; and
  • your Comments do not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

 

We may refuse to accept or transmit Comments for any reason. We may remove Comments from the Sites for any reason.

 

Security

 

In using the Sites you agree to the following:

  • you will not use any device, software, or other instrumentality to disrupt, damage or interfere with or attempt to disrupt, damage or interfere with the proper functioning of the Sites;
  • you will not to violate or attempt to violate the security of the Sites, including, without limitation, (i) logging onto an account that you are not authorized to access; (ii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” or (iii) attempt to transmit any “virus,” “Trojan horse” or other software destruction or disruption device; and
  • you will not intentionally or unintentionally violate any applicable international, federal, state or local law, including but not limited to any regulations applicable to your use of the Sites.

 

Privacy

 

Penshurst Trading takes the privacy of personal information seriously. For more information on the collection, use, sharing and transmission of personal and non-personal information, please review the Privacy Policy here ([LINK]).

 

Disclaimer

 

THE SITES AND ALL CONTENT AVAILABLE ON THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THE SITES THAT YOUR USE IS AT YOUR SOLE RISK AND THAT PENSHURST TRADING AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITES.

 

IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PENSHURST TRADING AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITES OR THE CONTENT OF ANY SITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PENSHURST TRADING AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITES; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITES.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PENSHURST TRADING OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE SITES HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

 

Indemnification

 

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold Penshurst Trading and its Affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Sites, including, without limitation, your use of the Sites in violation of these Terms of Use.

 

Copyright Notice

 

All of the content you see on the Sites, including, for example, but not limited to, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text (referred to herein as the “Content”) is the exclusive property of Penshurst Trading and/or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Penshurst Trading, by one of its affiliates or by third parties who have licensed or assigned their rights, interests and/or materials to Penshurst Trading. The entire Content of the Sites is copyrighted as a collective work under U.S. and other applicable copyright laws, and Penshurst Trading owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content of the Sites, and the Sites as a whole, are intended solely for the personal and non-commercial use of the users of our Sites. As such a user, you may download, print and store selected portions of the Content, but only if (1) you use any such copies of the Content only for your own personal and non-commercial use, (2) you do not copy or post the Content on any network computer or broadcast the Content in any media and/or in any form or format, (3) you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice, and (4) you properly credit any intellectual property rights to Penshurst Trading. No right, title or interest in any downloaded or copied materials are transferred to you as a result of any such downloading or copying. Penshurst Trading reserves complete title and full intellectual property rights in any Content you download from this Sites. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining the express written permission of Penshurst Trading.

 

Notice of Copyright Infringement

 

We respect the intellectual property rights of others. Please notify us in writing by mail or email to our designated agent listed below if you believe that a user of our Sites has infringed your copyright. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”), to be effective the notification should include:

  • 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 claimed infringing material and information reasonably sufficient to permit Penshurst Trading to locate the material on our Sites;
  • information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • your physical or electronic signature.

 

You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from our Sites without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.

 

Counter-Notice by Accused User

 

If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by mail or email to our designated agent below. That written communication should include the following:

  • your physical or electronic signature;
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if your address is outside of the United States, the United States District Court for the Northern District of Illinois, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

 

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

 

After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

 

Please send all notices under the above copyright infringement policies to Penshurst Trading’s agent for receipt of notifications of claimed infringement:

 

Penshurst Trading

[ADDRESS]

[EMAIL]

 

Please do not send notices or inquiries about anything other than alleged copyright infringement to our Agent for Notice.

 

Repeat Infringers

 

Your account may be terminated if, in our discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.

 

U.S. Pricing Policy

 

Our goal is to have clear and understandable pricing for our products. The prices displayed on the Sites are quoted in U.S. Dollars and are valid and effective only in the United States. Additional shipping and other charges may apply for orders outside of the United States and/or into U.S. territories, and you will be advised of such charges and your responsibility for any portion thereof before we finalize and ship your order. Furthermore, while we do our best to assure that the taxes quoted for a particular order are accurate for the applicable location to which the order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. You will be responsible for all applicable taxes, regardless of the amount quoted on the Sites at the time of your order. Product availability and prices are subject to change. Penshurst Trading reserves the right to correct any errors, inaccuracies, or omissions and to change or update product pricing, availability or other information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.

 

Arbitration Agreement & Waiver of Certain Rights

 

You and Penshurst Trading agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Penshurst Trading hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and Penshurst Trading relating to these Terms of Use or the Sites (each a “Claim”) shall be submitted for binding arbitration in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court in accordance with the terms of this Agreement if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply [STATE] law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If you initiate arbitration against Penshurst Trading, you will not be responsible for professional fees for the arbitrator’s services or any other JAMS fees. If Penshurst Trading initiates arbitration against you, Penshurst Trading will pay for the arbitrator’s services and any other JAMS fees associated with the arbitration. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither you nor Penshurst Trading shall be entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

 

No waiver of any provision of this Section of the Terms of Use will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms of Use. This Section of the Terms of Use will survive the termination of your relationship with Penshurst Trading.

 

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR PENSHURST TRADING WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

 

These Terms and Conditions May Change

 

Penshurst Trading reserves the right to update or modify these Terms of Use at any time without prior notice. Those changes will go into effect on the Last Updated Date shown in the revised Terms of Use. By continuing to use the Sites, you are agreeing to the revised Terms of Use. For this reason, we encourage you to review these Terms of Use whenever you purchase products from us or use our Sites.

 

Eligibility

 

You must be at least 13 years old to use the Sites. If you are under the age of majority in your state of residence (a minor) your parent or legal guardian must agree to these Terms and Conditions on your behalf and you may only access and use the Sites with permission from your parent or legal guardian. 

 

Other Provisions

 

Penshurst Trading controls and operates the Sites from its offices within the United States. Claims relating to, including the use of, the Sites and the materials contained herein are governed by the laws of the United States and the state of [STATE], without regard for its conflicts of law provisions. Penshurst Trading and you agree irrevocably submit that the state or federal courts located in [STATE], as applicable, will have exclusive jurisdiction to hear and determine any claims or disputes arising out of or related to these Terms of Use that are not subject to binding arbitration as set forth herein. You expressly and irrevocably submit and consent in advance to such jurisdiction in any action or suit commenced in such court, and you hereby waive any objection that you may have based upon lack of personal jurisdiction, improper venue or forum non conveniens. If you do not agree, please do not use the Sites. If you choose to access the Sites from another location, you do so on your own initiative and are responsible for compliance with all applicable local laws.

 

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

 

If any provision of these Terms of Use is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the enforceability of any other provisions.

 

The failure by us to enforce any right or provision of these Terms of Use will not prevent us from enforcing such right or provision in the future.

 

We may assign our rights and obligations under these Terms of Use, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.