Terms & Conditions
Effective Date: February 18, 2020
Welcome to the Jaanuu, Inc. web site ("the Site," "we," "us," or "our"). Jaanuu, Inc. provides the Site as a service to its customers. Please read the following terms of service ("Terms") as they govern your use of our Site, including the purchase of products on the Site (“Products”) or other services available on the Site (“Services”). By using the Site, you agree to follow and be bound by the following rule below. If you do not agree to these Terms, please do not use this Site in any way.
Additionally, Jaanuu, Inc. reserves the right to modify these Terms at any time without prior notification. Please review this page periodically for changes. Any use of our Site at any time constitutes full acceptance of our these Terms as currently effective. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND JAANUU WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
DESCRIPTION OF JAANUU
Jaanuu is an online retailer of medical and lifestyle apparel.
All of the content that appears on the Jaanuu, Inc. web site, including all visuals, text, audio and video clips are subject to copyright protections and/or other intellectual property rights or licenses held by Jaanuu, Inc.. The entire content of the Jaanuu, Inc. web site is copyrighted as a collective work under U.S. copyright laws. Jaanuu, Inc. grants you a limited license to access and make personal use of the content on this website. Content of the Jaanuu, Inc. website is intended solely for the personal, noncommercial use by the users of our Site.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe any materials accessible on the Site infringe your copyright, or a copyright belong to a third party in violation of the Digital Millennium Copyright Act, you may request removal of those materials (or access thereto) from the Site by contacting our copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
Jaanuu’s agent for copyright issues is as follows:
Attn: General Counsel
2675 Customhouse Court, Suite A
San Diego, CA 92154
Membership for Jaanuu, Inc..com is free. However, our membership services are not available to users under the age of 18 or to members who, at our discretion, have been suspended or removed from the Jaanuu, Inc. systems. Members agree to all these Terms and must only apply for membership if eligible.
Jaanuu, Inc. may contact you or provide you with service-related and/or promotional notices by means of postal mail, electronic mail, general site notifications and more using the contact information you have provided to us.
At Jaanuu, Inc., we are committed to providing our customers with great quality Products at reasonable prices. We have done our best to display our items as accurately as possible on the Site. Please be aware, variations in style, color, size, shape and look may occur. If you are not satisfied your purchase, please review our Returns & Exchanges section section for further assistance.
FINAL SALE POLICY
Products denoted as Final Sale are not eligible for exchange, credit or refunds. Price adjustments will not be provided to previous orders.
You cannot access or use the Site for any illegal or unauthorized purpose. Harassment in any manner or form of the Site, including via e-mail and chat or by obscene or abusive language, is strictly forbidden. Although Jaanuu, Inc. cannot monitor the conduct of its users, it is a strict violation of these Terms to use any information obtained from our Site in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.
Also, you agree that no comments or other user submissions submitted by you to the Jaanuu, Inc. website will violate any right of any third party, including copyright, trademark, privacy or other personal rights. You further agree that no comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
Jaanuu, Inc. strives to create an interactive relationship with the members of its Site and services. User comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Jaanuu, Inc. on or by this Site shall be and remain Jaanuu, Inc. property. Users assign all property rights and interests to Jaanuu, Inc. allowing our company unlimited use, commercial or otherwise, of any comments. Furthermore, Jaanuu, Inc. shall be under no obligation (1) to maintain any comments in confidence; (2) to pay to users any compensation for any comments; or (3) to respond to any user comments.
CORRECTION OF SITE ERRORS
The information on the Jaanuu, Inc. website may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconveniences.
ACCOUNT AND PASSWORD
If you establish an account with us, you will be requested to select an ID and password. You promise to provide us with accurate, complete, and updated registration information about yourself. To keep your account secure, you are responsible to protect the security of your account and not share your account ID or password with anyone, You are responsible for all activity associated with your account.
You represent and warrant that you are of legal age to form a binding contract (or if not, you have received your parent's or guardian's permission to access the Site and to agree to these Terms on your behalf). If you're agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity's behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity).
By use of this Site, Services or Products, you agree to indemnify and hold Jaanuu, Inc. (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any third party claim or demand, as well as losses, expenses, damages, fees (including attorneys’ fees and court costs) and other costs, resulting from your violation of these Terms or any activity related to your account (including negligent or wrongful conduct), and your access to and use of the Site, Services and Products (unless otherwise prohibited by applicable law).
We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. You further agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Site and/or Services.
TERMINATION OF SITE, SERVICES OR ACCOUNT
Jaanuu reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site, Services, including your account, at any time for any reason without prior notice or liability. In the event of termination of the Site, Services, or account, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Jaanuu, Inc. shall not be liable to you or any third-party for any termination of your access.
THIRD PARTY LINKS
To improve our Site, Jaanuu, Inc. may use and promote services provided by outside third parties. However, even if the third party is affiliated with Jaanuu, Inc., we do not control these services and make no representations regarding these persons or entities. We make no warranties or representations regarding these third-party sites, and we are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability, available products or services, of any such sites. Third party sites linked on our Site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.
We are not responsible or liable for any loss or damage of any sort incurred as a result of any dealings with any third party website or merchant or operator of such a third party website. You access and use of these third-party websites and their services or products at your sole risk.
DISCLAIMER OF WARRANTIES
All content, Products, and Services on the Site, are provided to you "as is" without any guarantees or warranty of any kind, either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Use of the Site, Products and Services at the user’s risk.
LIMITATION OF LIABILITY
Jaanuu, Inc. (and its officers, directors, agents, subsidiaries, joint ventures, and employees) shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to loss of revenue, profits, goodwill, use of data, lost opportunities or business interruptions (or other intangible losses) that result from your access and use of, or your inability to access or use, the Site, Services on this site or the performance of any its Products (even if Jaanuu, Inc. was advised of, knew of or should have known of the possibility of such damages) and regardless of whether such damages are based in contract, tort (including negligence and strict liability), warranty, statute or otherwise, unless prohibited by applicable law. Our total liability for claims related to you ruse of the Site, Services and Products is limited to the (a) the total amount of the order of Products giving rise to our liability or (b) $500, whichever is greater.
LIMITATION ON LEGAL ACTION
You and Jaanuu agree that any cause of action arising out of or related to the Site or Services must be initiated within one (1) year after the cause of action arises. Otherwise, such cause of action is permanently barred.
Please read this Arbitration Agreement carefully because it requires you to arbitrate certain disputes and claims with Jaanuu and limits the manner in which you can seek relief from Jaanuu. Both you and Jaanuu acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Jaanuu's officers, directors, employees and independent contractors ("Personnel") are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
Any dispute arising out of or relating to the subject matter of these Terms shall be finally settled by binding arbitration in San Diego, California. The arbitration will proceed in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator who shall be selected from the appropriate list of JAMS arbitrators in accordance with such its rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. The JAMS rules will govern payment of all arbitration fees.
Notwithstanding the foregoing, either you or Jaanuu may assert claims, if they qualify, in small claims court in the County of San Diego, State of California or the United States county where you live.
YOU AND JAANUU WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Jaanuu are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Jaanuu over whether to vacate or enforce an arbitration award, YOU AND JAANUU WAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have the dispute be resolved by a judge.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Jaanuu is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in main below.
In any circumstances where the foregoing arbitration agreement permits either you or Jaanuu to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party and both you and Jaanuu agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in the County of San Diego, State of California.
If any part of this Arbitration Agreement is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the JAMS rules, the balance of this Arbitration Agreement 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.
This Arbitration Agreement will survive the termination of your relationship with Jaanuu.
Additional Terms & Conditions for businesses
Effective Date: June 4, 2020
By placing an order for the purchase of Jaanuu products on the Jaanuu website or directly from Jaanuu, Inc., you agree to be bound by the above Terms and Conditions (the “General Terms”) and these Additional Terms and Conditions that are applicable to businesses (“Additional Terms”), each as in effect from time to time. Jaanuu reserves the right to modify these Additional Terms at any time without prior notification. You may use your own form of purchase order to place product orders with Jaanuu, but no terms or conditions appearing on or included with any such order shall have any effect unless expressly agreed to in writing by Jaanuu. By placing an order for Jaanuu products, you agree that Jaanuu may use your company name and logo in Jaanuu’s promotional and marketing materials, and otherwise identify you as a Jaanuu customer.
PAYMENT TERMS; SHIPPING
Unless otherwise expressly agreed to by you and Jaanuu in writing, Products (and any applicable sales tax and shipping charges) must be paid for in advance via credit card or wire. Jaanuu shall not be responsible for any shipping delay caused by a carrier.
RETURNS AND EXCHANGES
If you are not satisfied with your purchase, please review our Returns & Exchanges section for further assistance. Masks / face coverings are final sale only and are not eligible for return or refund. Any defective masks should be reported within 3 days of receipt.
USE OF PRODUCTS; RESALE RESTRICTION
You represent and warrant that any Jaanuu products purchased by you will be solely for use by your employees and other personnel, and may not be resold or marketed for resale without Jaanuu’s advance written consent. In the event that Jaanuu does authorize to you to resell Products, additional resale terms and conditions will apply.
These Terms governed by the laws of the State of California without giving effect to its choice of laws principles, and consistent with the Federal Arbitration Act.
If you have questions regarding these Terms, please contact us at:
Attn: General Counsel
2675 Customhouse Court, Suite A
San Diego, CA 92154
Additional Terms & Conditions for sweepstakes
DESCRIPTION OF THE GIVEAWAY
The Nominate an #AlwaysMind Nurse Giveaway (the “Giveaway”) is sponsored by Jaanuu, Inc., 2101 Rosecrans Avenue, Suite 5280, El Segundo, CA 90245 (“Jaanuu”), with Getaway House, Inc. (“Getaway House”) and Mantra Band, LLC (“MantraBand”) involved as additional prize donors (each, a “Prize Donor”). Each of three (3) winners of the Giveaway will receive a Prize as more specifically described in these Rules. The Giveaway will take place during Nurses’ Week, beginning at 12:00 a.m. Pacific Time on May 6, 2021 and ending at 11:59 p.m. Pacific Time on May 13, 2021 (the “Submission Period”). Jaanuu will select the three Giveaway winners in accordance with the procedures set forth below and will announce such winners by 11:59 p.m. Pacific Time on May 21, 2021 in a post on its Instagram page and the Instagram pages of the other Prize Donors (as described below). Jaanuu reserves the right, in addition to those other rights reserved herein, to modify any dates or deadlines set forth in these Rules.
By participating in the Giveaway, you unconditionally accept and agree to comply with and abide by these Official Giveaway Rules and the decisions of Jaanuu, which shall be final and binding in all respects.
HOW TO PARTICIPATE IN THE GIVEAWAY AND NOMINATE A NURSE
The Giveaway is open only to those legal residents of the 50 United States and the District of Columbia who are 21 years of age or older at the time of entry, and is void where restricted or prohibited by law. Directors, officers and employees of Jaanuu and the other Prize Donors, and their immediate family members or those living in the same household, are not eligible to participate in the Giveaway.
To participate in the Giveaway, you must have an active Instagram account and must follow Jaanuu and the other Prize Donors on Instagram. During the Submission Period, you must like the Giveaway announcement image that will appear on Jaanuu’s and the other Prize Donors’ Instagram pages on May 6, 2021. You will then be directed to a page on Jaanuu’s website, where you can recognize the tremendous efforts of our nation’s nurses and nominate one of them to win one of the Prizes (each, a “Submission”). Your Submission must be received by the end of the Submission Period.
Your Submission may not feature obscene language, content that is libelous or defamatory, or content that disparages Jaanuu or any of the other Prize donors or their respective businesses, products or services. Jaanuu reserves the right, in its sole and absolute discretion, to disqualify any Submission that violates any of the above criteria.
Submissions that are incomplete or that do not adhere to rules or requirements set forth herein or in the nomination form may be disqualified or rejected at the sole discretion of Jaanuu.
You may not make more than one Submission or otherwise nominate more than one nurse, including by use of multiple email addresses, handles, identities, or devices in an attempt to circumvent these Rules. If you make multiple Submissions or nominations, or use fraudulent methods or otherwise attempt to circumvent these Rules, Jaanuu may remove all of your Submissions from eligibility at its sole discretion.
At the end of the Giveaway Period, Jaanuu will select three (3) winning Submissions (each, a “Winning Submission”) by a random drawing. The determination of the Winning Submissions shall be made by Jaanuu in its sole discretion, and such determination shall be final and binding. The odds of winning a Prize will depend on the number of eligible Submissions received during the Submission Period.
Three Prizes are available. Each of the three Prize winners (each, a “Winner”) will receive (a) up to $200 worth of Jaanuu® scrubs or other merchandise, (b) up to $200 worth of MantraBand jewelry, and (c) a two-night stay at a Getaway House cabin, each as described in more detail below.
Jaanuu will create an account on its website for each Winner and load it with a $200 credit that the Winner may use to purchase scrubs and/or other merchandise from Jaanuu. Jaanuu’s current collection of scrubs and other merchandise can be viewed at www.jaanuu.com.
Each Winner will receive a MantraBand statement band, three (3) MantraBand original pieces, and a $50 MantraBand gift card. MantraBand will coordinate the logistics directly with each Winner. The current MantraBand jewelry collection can be found at www.mantraband.com.
Getaway House Cabin
Information about Getaway House cabins can be found at https://getaway.house. Each Winner will be contacted via email to coordinate the redemption of their Getaway. Each Winner is responsible for selecting the location and dates, in all cases subject to availability, but the stay must be completed within a year of receiving the prize. The approximate retail value of the Getaway House portion of each Prize is $300-$600, depending on the location and dates selected.
The Winner and any companion must follow all rules and conditions established by Getaway House, including all health and safety protocols. In the event the Winner and/or the companion engages in behavior that, as determined by Getaway House in its sole discretion, is in violation of its rules and condition, Getaway House reserves the right to terminate the stay early with no compensation or other form of redress. The Winner and any companion assume any and all risks associated with COVID-19 or any other health- or safety-related issues in connection with the stay.
All Prize expenses not specified herein shall be the sole responsibility of the Winner, including without limitation, in the case of the Getaway House stay, all transportation to and from the selected location, meals, activities, gratuities and other personal expenses.
The total fair market value of each Prize is approximately $700 - $1000.
GENERAL PRIZE CONDITIONS
The Prize will be awarded only if the potential Winner fully complies with these Official Rules. The Winner is solely responsible for all applicable federal, state and/or local tax obligations pertaining to the Prize. No transfer, assignment, cash redemption or substitution of Prizes (or any component portion of prize) may be made, except by Jaanuu or a Prize Donor due to Prize unavailability and then for a prize (or applicable portion of prize) of equal or greater value, as determined by Jaanuu or the Prize Donor. Each Prize, and each component thereof, must be accepted as awarded, and is non-transferable, non-extendable, and non-exchangeable.
RULES GOVERNING POTENTIAL WINNERS
The potential Winners will announced on Jaanuu’s and the other Prize Donors’ Instagram pages, and they and their nominating parties will be notified by email. Each Winner must be 21 years of age or older at the time of announcement of the Winners. Directors, officers and employees of Jaanuu and the other Prize Donors, and their immediate family members or those living in the same household, are not eligible to be nominated, win a Prize or otherwise participate in this Giveaway.
Potential Winners may be required to execute and return a Liability/Publicity Release within seven (7) days following the date of attempted notification.
If a selected potential Winner is found to be ineligible, cannot be contacted or does not respond within five (5) calendar days, and/or fails to return any Liability/Publicity Release (if required) within the applicable time period, Jaanuu may elect to disqualify such person, who will then forfeit his or her right to receive the Prize. In such event, an alternate Winner may be selected by random drawing among all remaining eligible Submissions, at the sole discretion of Jaanuu. Upon any Prize forfeiture, no compensation will be given.
By accepting the Prize, the Winner agrees that Jaanuu and the other Prize Donors may, without any limitation or further compensation, use his or her name, likeness, email address, Instagram handle and place of employment in any and all media and for any purpose, including in connection with any products, services, advertising, marketing, social media presence, or future promotions or giveaways of Jaanuu and/or the other Prize Donors.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS JAANUU AND THE OTHER PRIZE DONORS, THEIR RESPECTIVE AFFILIATES, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, LICENSEES, SUCCESSORS, REPRESENTATIVES AND AGENTS (EACH, A “RELEASED ENTITY”), AT ALL TIMES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSSES, LIABILITIES, DAMAGES, PROCEEDINGS, COSTS (INCLUDING ATTORNEYS’ FEES) AND EXPENSES FOR ANY INJURY, DAMAGE OR LOSS CAUSED OR CLAIMED TO BE CAUSED, BASED UPON OR ARISING FROM YOUR PARTICIPATION IN THIS GIVEAWAY, YOUR NOMINATION OF A NURSE, OR ANY WINNER’S ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE OR ANY PORTION OF A PRIZE, OR PARTICIPATION IN THIS GIVEAWAY.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES
IN NO EVENT SHALL THE RELEASED ENTITIES BE LIABLE TO YOU, ANY WINNER, ANY NOMINEE OR ANY OTHER ENTRANT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTORY OR ANY OTHER THEORY OF LIABILITY ARISING FROM OR RELATED TO THE GIVEAWAY, OR ANY ASPECT OF YOUR OR ANY WINNER’S OR ENTRANT’S PARTICIPATION IN OR EXCLUSION FROM THIS GIVEAWAY AS PROVIDED HEREIN, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL LIABILITY TO YOU ANY WINNER, ANY NOMINEE OR ANY OTHER ENTRANT FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10. WITHOUT LIMITING THE FOREGOING, THIS GIVEAWAY AND THE PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
You acknowledge and agree that Jaanuu, the other Prize Donors and Instagram are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) any incomplete, lost, late, misdirected or illegible Submission or for failure to receive a Submission due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with Jaanuu or another Prize Donor, or otherwise, that may limit or prevent your ability to make a Submission or otherwise participate in the Giveaway; (ii) any injury or damage resulting from participation in the Giveaway and/or the use of any Prize by a Winner or any other party (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, health issues (including COVID-19 issues), death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on your or a Winner’s rights of publicity or privacy, or any claim that an individual has somehow been defamed or portrayed in a false light). Jaanuu and the other Prize Donors assume no responsibility for any damage to your computer or mobile device which is occasioned by accessing any Instagram page or website or participating in the Giveaway, or for any computer, device, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
If any section, provision, term or clause shall be held or found to be unenforceable or invalid by a court decision, statute, rule or otherwise, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from these Rules to the extent necessary to make such provision enforceable and consistent with the remainder of these Rules.
DISPUTES; GOVERNING LAW
The parties waive all rights to trial in any action or proceeding instituted in connection with these Rules or this Giveaway. Any controversy or claim arising out of or relating to these Rules and/or this Giveaway shall be settled by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration or other action with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles County, California in front of a single arbitrator.
THESE RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Rules and/or the Giveaway, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California. The parties agree not to raise the defense of forum non conveniens or lack of jurisdiction.
Except as expressly provided herein, this Giveaway is in no way sponsored, endorsed or administered by, or otherwise associated with, Instagram, Getaway House, MantraBand or any other third party. Any inquiries or questions regarding this Giveaway, including any request for the name of the Winners, may be sent by email to firstname.lastname@example.org or by regular mail to Jaanuu at its address set forth above, ATTN: Jaanuu Social Media Team. Requests for name of the Winner must be received no later than thirty (30) days after the end of the Submission Period.
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