Terms Of Service – Jkinis

Terms Of Service

Last Updated: June 24, 2020

Please read the following Terms of Use that govern your use and purchase of products carefully. By using our site or purchasing our products, you agree to follow and be bound by the Terms of Use, all applicable laws, and any additional terms and conditions and policies referenced herein.

THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. PLEASE SEE BELOW FOR DETAILS.

1- TERMS AND CONDITIONS

This website is operated by Jkinis LLC. Throughout the site, the terms “Jkinis”, “we”, “us” and “our” refer to Jkinis LLC.

We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. We will post at the top, the date the Terms of Use were last modified. It is your responsibility to check this page periodically for changes. Your continued use of this site or purchase of our products following the posting of any changes constitutes acceptance of those changes. Amendments shall be effective as of the date posted and not retroactively.

You represent and warrant that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

All images, graphics, code, software, and other content used on or incorporated into this website is subject to intellectual property rights held by Jkinis. This data may not be reproduced, duplicated, copied, or sold, including but not limited to photos and content, without express written permission by us.

SECTION 2 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website and certain products or services may have limited quantities.

Products are not subject to return or exchange unless otherwise provided.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

 All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to modify or discontinue any product at any time, without notice. Any offer for any product or service made on this site is void where prohibited. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of products.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the product will be corrected.

SECTION 3 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 4 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.


Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).


We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

 

SECTION 5 – DISCLAIMER

 

Be advised, JKINIS masks are not designed or intended to prevent, mitigate, treat, diagnose or cure any disease or health condition, including COVID-19/Coronavirus. Masks are intended for general public use only, at the end user’s sole discretion. They are non-sterile and are not intended for use in any clinical or surgical setting, where exposure to bodily or hazardous fluids may be expected, where the risk of exposure through inhalation is high, or near high/intense heat or flammable gas. Masks are not surgical masks, personal protective equipment, or filtering respirators (such as N95 masks). Masks are not intended to provide liquid barrier protection, antimicrobial or antiviral protection. Masks are not a respiratory protective device and therefore should not be used for particulate filtration.

Please remember that use of face masks is not intended to replace other recommended measures to stop the community spread of COVID-19, such as social distancing, washing your hands, refraining from touching your face, routinely washing your mask, safe removal of your mask, and anything recommended by medical professionals or public health administrative agencies.  Follow the latest advice of the CDC, and any other public health administrative agency, and your own health care professionals as to how best to keep yourself safe.

These masks have not been industry tested or approved by the National Institute for Occupational Safety and Health or any other agency. Their capability to protect the wearer are unknown. Caution should be used when considering this option. The decision to use these masks is solely your own.

 

THE JKINIS WEBSITE AND ALL PRODUCTS, CONTENT, INFORMATION, MATERIALS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE THORUGH THE WEBSITE OR BY PHONE ORDER ARE PROVIDED ON AN “AS-IS”, “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. JKINIS MAKES NO REPRESENTAIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT THE WESBITE OR EMAILS SENT FROM JKINIS ARE FREE OF MALWARE OR OTHER HAMRFUL COMPONENTS. YOUR USE OF THIS SITE IS AT YOUR OWN RISK.

TO THE FULL EXTENT PERMITTED BY LAW, JKINIS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE, CONTENT, AND PRODUCTS, WHETHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE, CONTENT, AND PRODUCTS IS WITH THE BUYER. JKINIS ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS BY THIRD-PARTY SELLERS. JKINIS SPECIFICALLY DISCLAIMS AND DOES NOT REPRESENT OR WARRANT THAT MASKS WILL PREVENT INFECTION OR THE TRANSMISSION OF VIRUSES OR DISEASES. MASKS ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE, ADVICE, DIAGNOSIS, TREATMENT, OR PREVENTATIVE MEASURES, AND ANY MEDICAL QUESTIONS SHOULD BE DIRECTED TO YOUR HEALTHCARE PROVIDER.

In no event will JKINIS, its directors, officers, employees, affiliates, vendors, subcontractors or its agents be liable for any damages whatsoever arising out of or related to the use of this site, email sent in connection with this site or any other site linked to this site. To the extent permitted by law, this limitation of liability applies to lost profits, business interruption, loss of data or information, direct, indirect, special, incidental, punitive, consequential or other damages even if JKINIS is aware in advance of the potential for such damages.

SECTION 6- CLASS ACTION WAIVER AND AGREEMENT TO BINDING ARBITRATION

Please call us to resolve customer concerns at (619) 363-2047. If we are unable to resolve your complaint, this section provides information on how to resolve a legal claim.

Class Action and Representative Action Waiver

BY USING ANY OF OUR PRODUCTS OR SERVICES, YOU KNOWINGLY AND VOLUNTARILY AGREE TO BRING ANY CLAIMS (LAWSUITS) AGAINST JKINIS IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, GROUP, OR REPRESENTATIVE IN ANY PURPORTED REPRESENTATIVE, COLLECTIVE, OR CLASS ACTION. YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN ANY REPRESENTATIVE, COLLECTIVE, OR CLASS ACTION PROCEEDING (A LAWSUIT WHERE YOU SUE AS A GROUP RATHER THAN BEING THE ONLY PLAINTIFF) RELATED TO ANY CLAIMS GOVERNED BY THE TERMS OF USE NCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIVE ACTION UNDER CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTIONS 17200 ET SEQ.

 

Arbitration Clause

Individual Arbitration as Sole Remedy for Dispute Resolution

You and JKINIS agree that any dispute, claim or controversy arising out of or relating to your use of this website, any product, or the Terms of Use, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final and binding individual (not class, representative, nor collective) arbitration in San Diego, California before one arbitrator. The language to be used in the arbitral proceedings will be English. The arbitration shall be administered by the Office of Judicial Arbitration and Mediation Service (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. JAMS’s rules governing the arbitration may be obtained from JAMS’s website, which currently is www.jamsadr.com. 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.

If you are not a resident of the United States, then any dispute, controversy or claim arising out of or relating to the Terms of Use, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by final and binding individual arbitration in accordance with the JAMS International Arbitration Rules. The Tribunal will consist of one arbitrator. The place of arbitration will be San Diego, California. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Requirements for Modification or Revocation

This agreement to arbitrate shall survive the termination JKINIS relationship with you. It can only be revoked or modified by a writing executed by JKINIS and you that specifically states an intent to revoke or modify this agreement to arbitrate.

Claims Covered by Arbitration Clause

JKINIS and you mutually consent to the resolution by final and binding arbitration of all claims or controversies (collectively, the “Claims”) that JKINIS may have against you or you may have against JKINIS or against its past, present, or future predecessors, successors, assigns, affiliates, parent and subsidiary companies, and joint ventures, and their respective past, present, or future officers, directors, employees, stockholders, representatives, managers, members, partners, agents, advisors, insurers, and indemnities (collectively referred to as the “JKINIS Parties”), relating to, resulting from, or in any way arising out of your relationship with JKINIS. The Claims include, but are not limited to claims for penalties, fines, claims for breach of any contract (express or implied); tort claims (including, but not limited to, those relating to reputation); claims for violation of trade secret, proprietary, or confidential information laws; claims for unfair business practices; and claims for violation of any public policy, federal, state, international, or other governmental law, statute, regulation, or ordinance.

 

Required Notice of Claims and Statute of Limitations

JKINIS may initiate arbitration by serving or mailing a written notice to you at the last known address. you may initiate arbitration by serving or mailing a written notice to JKINIS. The written notice must specify with reasonable particularity the claims asserted against the other party. Notice of any claim sought to be arbitrated must be served within the limitations period established by applicable federal or state law. After demand for arbitration has been made by serving written notice, the party demanding arbitration shall file a demand for arbitration with the Office of Judicial Arbitration and Mediation Service (“JAMS”) located in San Diego, California.

Selection of Arbitrator

Within 30 days after the commencement of arbitration, JKINIS shall select one person from the JAMS panel to act as arbitrator. The arbitrator shall serve as a neutral, independent and impartial arbitrator.

Confidentiality

The parties shall maintain the confidential nature of the arbitration proceeding and the award, if any, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

Dispositive Motions

In any arbitration arising out of or related to this Agreement:

  1. Any party wishing to make a dispositive motion shall first submit a brief letter (not exceeding five pages) explaining why the motion has merit and why it would speed the proceeding and make it more cost effective. The other side shall have a brief period within which to respond.
  2. Based on the letters, the arbitrator will decide whether to proceed with more comprehensive briefing and argument on the proposed motion.
  3. If the arbitrator decides to go forward with the motion, he/she will place page limits on the briefs and set an accelerated schedule for the disposition of the motion.
  4. Under ordinary circumstances, the pendency of such a motion will not serve to stay any aspect of the arbitration or adjourn any pending deadlines.

 

Document Requests

In any arbitration arising out of or related to this Agreement, requests for documents:

  1. Shall be limited to documents which are directly relevant to significant issues in the case or to the case’s outcome;
  2. Shall be restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; and
  3. Shall not include broad phraseology such as “all documents directly or indirectly related to.”

 

E-Discovery

In any arbitration arising out of or related to this Agreement:

  1. There shall be production of electronic documents only from sources used in the ordinary course of business. Absent a showing of compelling need, no such documents are required to be produced from backup servers, tapes or other media.
  2. Absent a showing of compelling need, the production of electronic documents shall normally be made on the basis of generally available technology in a searchable format which is usable by the party receiving the e-documents and convenient and economical for the producing party. Absent a showing of compelling need, the parties need not produce metadata, with the exception of header fields for email correspondence.
  3. The description of custodians from whom electronic documents may be collected shall be narrowly tailored to include only those individuals whose electronic documents may reasonably be expected to contain evidence that is material to the dispute.
  4. Where the costs and burdens of e-discovery are disproportionate to the nature of the dispute or to the amount in controversy, or to the relevance of the materials requested, the arbitrator will either deny such requests or order disclosure on condition that the requesting party advance the reasonable cost of production to the other side, subject to the allocation of costs in the final award.

 

Interrogatories and Requests to Admit

In any arbitration arising out of or related to this Agreement, there shall be no interrogatories or requests to admit.

Depositions

In any arbitration arising out of or related to this Agreement:

  1. Each side may take three (3) discovery depositions.
  2. Each side’s depositions are to consume no more than a total of fifteen (15) hours.
  3. The total period for the taking of depositions shall not exceed six (6) weeks.

 

Governing Law and Arbitrator Authority

  1. Except as otherwise provided herein, the Terms of Use and the rights of the Parties hereunder shall be governed by and construed in accordance with the laws of the state of California, exclusive of conflict or choice of law rules.
  2. The Parties acknowledge that this Terms of Use evidences a transaction involving interstate or international commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Terms of Use shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitrator shall apply the substantive laws (and the law of remedies, if applicable) of the state of California, federal law, or international law, as applicable to the claim(s) asserted.

 

  1. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Terms of Use, including, but not limited to, any claim that all or any part of this Terms of Use is void or voidable and issues of arbitrability of any matter herein.
  2. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages.

 

Arbitration Decision

The arbitrator’s decision shall be final and binding and shall not be subject to appeal. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. Any decision or award made by the arbitrator shall be enforceable by a court of competent jurisdiction. The parties irrevocably stipulate to the confidential nature of the arbitral award and proceedings and further stipulate that the award and any papers of the proceedings shall only be filed with a court of competent jurisdiction under confidential seal and only to enforce an arbitral award or decision.

Application for Emergency Injunctive and/or Other Equitable Relief.

JAMS Comprehensive Rules shall apply for the appointment of an Emergency Arbitrator to address and decide a request for emergency relief.

WAIVER OF REPRESENTATIVE/CLASS ACTION PROCEEDINGS

BY USING OUR WEBSITE, PURCHASING ANY PRODUCTS OR SERVICES FROM US, OR PROVIDING YOUR INFORMATION TO US, YOU KNOWINGLY AND VOLUNTARILY AGREE TO BRING ANY CLAIMS (LAWSUITS) AGAINST TERMS OF USE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, GROUP, OR REPRESENTATIVE IN ANY PURPORTED REPRESENTATIVE, COLLECTIVE, OR CLASS ACTION. YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN ANY REPRESENTATIVE, COLLECTIVE, OR CLASS ACTION PROCEEDING (A LAWSUIT WHERE YOU SUE AS A GROUP RATHER THAN BEING THE ONLY PLAINTIFF) RELATED TO ANY CLAIMS GOVERNED BY THE TERMS OF USE. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE, COLLECTIVE, OR CLASS ACTION PROCEEDING, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIVE ACTION UNDER CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTIONS 17200 ET SEQ.

WAIVER OF JURY TRIAL/EXCLUSIVE REMEDY

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION REWARD IS LIMITED. BY AGREEING TO ARBITRATION, JKINIS AND YOU ARE AGREEING TO WAIVE ANY CONSTITUTIONAL RIGHT TO A JURY OR COURT TRIAL OF COVERED CLAIMS.

Arbitration Fees and Costs

Each party shall advance its own costs and expenses in any such arbitration and one-half (1/2) of the arbitrator’s fees and costs. Any decision or award of such arbitration proceeding shall be confidential and may be made public only with the prior written consent of both you and JKINIS.

Severability (Arbitration Clause)

JKINIS and you agree and acknowledge that if any section, subsection, sentence, clause, or phrase contained in this Arbitration Clause is found to be invalid, unenforceable, or otherwise inoperative, such decision shall not affect the validity of the remaining portion(s) of this Arbitration Clause.

SECTION 7 - THIRD-PARTY LINKS

Third-party links on this site may direct you to third-party websites that are not affiliated with JKINIS. We provide those linked sites only as a convenience to you and do not endorse any linked site. We are not responsible for examining or evaluating the content or accuracy of linked sites. We have no control over linked sites. If you choose to access a linked site, you do so at your own risk and will be leaving the JKINIS site. 

JKINIS is not liable for any harm or damages related to the purchase or use of linked sites, goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

We reserve the right but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.


You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 9 - PERSONAL INFORMATION

Your submission of personal information to JKINIS is governed by our Privacy Policy. You can review our Privacy Policy here.

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on Jkinis.com or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

SECTION 11- PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website or related websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 12 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Jkinis and our parent, subsidiaries, affiliates, partners, officers, directors,  members, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim, demand, dispute, or liability, including reasonable attorneys’ fees and costs, made by any third-party relating to or arising out of any allegation that you have engaged in conduct, which if true would breach your obligations under the Terms of Use or the documents they incorporate by reference and any third party claims, demands, disputes, or liabilities relating to your violation of any law or right of a third-party.

SECTION 13 - SEVERABILITY

If any section, subsection, sentence, clause, or phrase contained in these Terms of Use is found to be invalid, unenforceable, or otherwise inoperative, such decisions shall not affect the validity of the remaining  provisions of the Terms of Use. 

SECTION 14 - TERMINATION

These Terms of Use shall survive the termination of this agreement.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of the Terms of Use, we reserve the right to refuse to provide you with access to our products and services. 

SECTION 15 – GENERAL PROVISIONS

The failure of JKINIS to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.


Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.



SECTION 16 - GOVERNING LAW 

These Terms of Use and any separate agreements whereby we provide you products or services shall be governed by and construed in accordance with the laws of the State of California without regard to conflict or choice of law principles. 


SECTION 17 - CONTACT INFORMATION

Questions about the Terms of Use should be sent to us at julie@jkinis.com.