Terms and Conditions

The Website and Products are offered subject to your acceptance of these Terms and Conditions (“Terms” or “Agreement”). These Terms constitute a legally binding agreement between you and JOVIAN OMNIWARE INC, and you should read them carefully. By agreeing to these Terms, you also agree to the JOVIAN OMNIWARE INC Privacy Policy, Online Return Policy, Store Returns Policy and Shipping Policy, each of which is expressly incorporated by reference herein.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING, OR BUYING ANY PRODUCT THROUGH THE WEBSITE.

User Obligations

By downloading, accessing, or using the Website, you represent that you are at least eighteen (18) years old or the legal age of majority, whichever is greater, and you are agreeing to these Terms. You also agree to abide by all applicable local, state, and national laws and regulations with respect to your use of the Website. You further represent you shall at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information to JOVIAN OMNIWARE INC through the Website.

You shall only use the Website as permitted by this Agreement, and you shall not use the Website or the Content for any commercial, political, obscene, illegal, or inappropriate purpose. JOVIAN OMNIWARE INC reserves the right, in its sole discretion, to terminate your access to the Website for any or no reason.

If you register for an account on the Website, you may be required to designate an email address and password, and there may be additional requirements as designated by JOVIAN OMNIWARE INC from time to time. You agree to assume all responsibility concerning your use of the Website, including all activity occurring through your password (and related account access). You shall immediately notify JOVIAN OMNIWARE INC if you suspect any loss, theft, or unauthorized use of your password.

Purchases through the Website

All purchases made through the Website are subject to our acceptance. We may refuse to accept or may cancel any transaction at our discretion and without liability. The Website does not permit orders from dealers, wholesalers, or customers who intend to resell items.

JOVIAN OMNIWARE INC conditions acceptance of your order on your agreement to these Terms and all additional terms governing your purchase.

Prices and availability are subject to change without prior notice. JOVIAN OMNIWARE INC may revoke any offer to correct any errors, inaccuracies, or omissions.

For returns, please review our Online Return Policy and Store Returns Policy.

Website Ownership and Content

All materials on this Website—including text, images, designs, photos, videos, audio, graphics, icons, software, and the overall look and feel—are the property of JOVIAN OMNIWARE INC or its licensors. These are protected by U.S. and international intellectual property laws.

You receive a limited, non-exclusive, non-transferable, revocable license to access and use the Content for personal, non-commercial use only.

JOVIAN OMNIWARE INC may suspend or terminate access at any time without notice.

User-Generated Content

By posting or submitting content to the Website, you grant JOVIAN OMNIWARE INC a perpetual, irrevocable, royalty-free, worldwide, sublicensable license to use, reproduce, modify, publish, distribute, and create derivative works.

You represent you have the rights to submit such content and that it does not violate any law or third-party rights.

Limitation of Liability; Disclaimer of Warranties

THE WEBSITE AND ALL PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

JOVIAN OMNIWARE INC DOES NOT WARRANT THAT:

1. WEBSITE INFORMATION IS ACCURATE OR RELIABLE;

2. FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE;

3. DEFECTS WILL BE CORRECTED OR THE WEBSITE IS FREE OF VIRUSES.

IN NO EVENT SHALL JOVIAN OMNIWARE INC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

(This limitation does not apply in New Jersey.)

Links to Third-Party Websites

The Website may include links to third-party websites. JOVIAN OMNIWARE INC is not responsible for their content, accuracy, or services, and inclusion of links does not imply endorsement.

Privacy

By submitting personal information, you consent to the collection and processing of your data as outlined in our Privacy Policy.

By providing your mobile number, you consent to receiving automated calls, SMS, or MMS from JOVIAN OMNIWARE INC. Consent is not required to make a purchase.

Electronic Signatures and Agreements

By clicking “SUBMIT”, “PLACE ORDER”, “I ACCEPT”, or any similar button, you create a legally binding electronic signature and contract under the E-SIGN Act.

You agree to electronic delivery of all notices, records, agreements, and policies.

Sales Tax

JOVIAN OMNIWARE INC applies sales tax based on the shipping destination according to state regulations. Final tax is calculated at shipment.

Miscellaneous

This Agreement represents the entire understanding between you and JOVIAN OMNIWARE INC.

If any provision is deemed unenforceable, the rest shall remain in full force and effect.