Last updated: March 01, 2023
Introduction
Welcome to Bonnie Jean® Dresses, Toddler, Clothes, Easter Dresses (the “Site”). This Site is owned and operated by Bonnie Jean LLC (“Bonnie Jean”, “we” “us” or “our”).
These Terms of Use (“Terms”) govern your access to and use of our Site and our online store, including any content, products, services, and features we offer (collectively, the “Services”).
Please read these Terms carefully before using the Site or Services. By accessing or using the Site or Services, you agree to be bound by these Terms and all policies and guidelines incorporated by reference. If you do not agree to all of these Terms, do not access or use the Site or Services.
Use of the Site and Services
Permissions: Subject to your compliance with these Terms, Bonnie Jean grants you a limited, personal, non-exclusive, non-transferable, and revocable license to access and use the Site and Services solely for your own personal use. You may not use the Site or Services for any other purpose without our prior written consent.
Restrictions: You may not:
- Modify, disassemble, decompile, reverse engineer, reproduce, republish, download, scrape, or otherwise exploit the Site or Services, except as expressly permitted by applicable law notwithstanding this prohibition;
- Use any robots, spiders, scraping or similar data gathering or extraction methods on the Site or Services;
- Take any action that imposes or may impose (in our sole determination) an unreasonable or disproportionately large load on our infrastructure;
- Transfer, rent, lease, loan, sell, or otherwise redistribute the Site or Services to any third party;
- Use or attempt to use another user’s account without authorization;
- Attempt to circumvent any access or use restrictions put in place to prevent certain uses of the Site or Services;
- Develop or use any third-party applications that interact with the Site or Services without our prior written consent;
- Use the Site or Services for any illegal, immoral or unauthorized purpose, or in violation of applicable laws;
- Violate the rights of Bonnie Jean or any third party;
- Harass, threaten, embarrass, stalk or harm any other person;
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site or Services;
- Remove any copyright, trademark or other proprietary rights notice from the Site or Services;
- Frame or mirror any part of the Site or Services without our express prior written consent;
- Create user accounts by automated means or under false or fraudulent pretenses;
- Transmit any viruses, worms, defects, Trojan horses or any other items of a destructive nature;
- Use any robot, spider, site search/retrieval application or other device to retrieve or index any portion of the Site or Services or the content posted on the Site or Services, or to collect information about its users for any unauthorized purpose;
- Create user accounts by automated means or under false pretenses; or
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or Services.
Your Account: You may need to create an account to use some of the features offered through the Site or Services. You are responsible for maintaining the confidentiality of any login credentials associated with your account. You must immediately notify us if you become aware of any unauthorized access to or use of your account.
Order Fulfillment: We may use third party service providers to fulfill orders placed through the Services and assist with delivery of goods to you.
Customer Service: You may contact our customer service department at [email protected] in case of any queries or complaints.
Risk of Loss: All purchases of physical items from the Site are made pursuant to a shipment contract. The risk of loss and title for items purchased from Bonnie Jean passes to you upon our delivery to the carrier.
User Content
User Content: The Site and Services may allow you to upload or submit photographs, reviews, videos, comments and other content or information for public display (“User Content”). You retain all ownership rights in, and are solely responsible for, the User Content you submit or post.
License to User Content: By transmitting User Content to or through the Services, you grant Bonnie Jean a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, adapt, publish, translate, sublicense and create derivative works from User Content, without compensation to you, in any form, media, software or technology of any kind now existing or developed in the future.
No Confidentiality: You agree that no User Content will be subject to any obligation of confidence by Bonnie Jean. Bonnie Jean shall not be liable for any use or disclosure of User Content.
Removal of User Content: Bonnie Jean does not guarantee that User Content will be preserved or maintained on the Site or Services. Bonnie Jean may delete or remove User Content at any time, without notice or liability to you, for any reason or no reason.
Prohibitions: You may not post or transmit any User Content that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any person or entity; (ii) impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or (iii) that is offensive, threatening, unlawful, harassing, discriminatory, libelous, obscene, false, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts, or otherwise violates any law or right of any third party. Bonnie Jean may refuse, move, or remove any User Content that it determines, in its sole discretion, violates any Bonnie Jean policy or is harmful to the interests of our users, third-parties, Bonnie Jean, or the public.
Intellectual Property Rights
Bonnie Jean IP: The Site, Services, and all content and other materials contained on or available through the Site or Services, including without limitation the Bonnie Jean name and logo, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Bonnie Jean Materials”) are the proprietary property of Bonnie Jean and its licensors.
You acknowledge and agree that you do not acquire any ownership rights by accessing or using the Site, Services or Bonnie Jean Materials. The Bonnie Jean name and logo and all related names, logos, product and service names, designs, and slogans are trademarks of Bonnie Jean or its affiliates or licensors. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Site or Services are the trademarks of their respective owners.
Digital Millennium Copyright Act: Bonnie Jean will respond to clear notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act. For more information, please see Bonnie Jean’s DMCA Notification Guidelines.
Fees and Payment
Fees: Certain aspects of the Site and Services may require payment of fees. We reserve the right to change our fees at any time. All payments are non-refundable unless required by law. We are not responsible for any changes or errors in pricing information.
Taxes: All fees and charges may be subject to applicable sales tax, VAT, or other taxes and duties, which you are responsible to pay if applicable.
Payment Processing: All payments are processed by third party payment processors. We do not directly process or store any payment card information. All payment and billing information provided to our payment processors is subject to their terms and policies in effect at the time of submission. You must resolve any payment or billing disputes directly with the applicable payment processor. We are not responsible for any errors by or disputes with our third party payment processors.
Recurring Payments: Some of the Services may allow you to purchase access subscriptions or other products and services on an automatically recurring basis. By authorizing recurring payments, you authorize us to process such transactions through your chosen payment method on a recurring periodic basis and until you tell us to stop. You must monitor and manage all recurring payments. To cancel recurring billing and payments, follow directions provided on the Site or Services or contact us at [email protected]. We are not responsible for providing refunds for any charges already made to your selected payment method.
Warranty Disclaimers and Limitation of Liability
No Warranties: USE OF THE SITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
Disclaimer of Liability: IN NO EVENT SHALL BONNIE JEAN BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL OR DATA, ARISING OUT OF OR RELATING TO THE SITE OR SERVICES, PRODUCTS OR THIS AGREEMENT, WHETHER IN CONTRACT OR TORT, OR ANY OTHER LEGAL THEORY, EVEN IF BONNIE JEAN HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BONNIE JEAN BE LIABLE FOR ANY DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR USE OF SERVERS OR DATA.
Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, BONNIE JEAN’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, SERVICES, PRODUCTS OR THIS AGREEMENT WILL NOT EXCEED THE LESSER OF $100 OR THE AMOUNT PAID BY YOU TO BONNIE JEAN IN THE PRIOR 12 MONTHS. THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU WILL NOT INCREASE THIS LIMIT.
Indemnification
You agree to indemnify, defend, and hold harmless Bonnie Jean and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Site or Services, or your breach of these Terms.
Changes and Updates
Changes to Terms: Bonnie Jean reserves the right, at its sole discretion, to modify or replace these Terms of Use at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the Site or Services constitutes acceptance of any revised Terms.
Changes to Site and Services: Bonnie Jean reserves the right to modify, suspend or discontinue, temporarily or permanently, the Site or any Services with or without notice at any time without liability to you.
Policy Changes: Bonnie Jean reserves the right to change any policies, rules or guidelines related to the Site or Services at any time and at its sole discretion. Any changes or modifications will be effective immediately upon posting on the Site. You are responsible for reviewing and becoming familiar with any such modifications. Your use of the Site or Services following such notification of changes constitutes your acceptance of the revised policies.
Privacy Policy
Please read the Bonnie Jean Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Bonnie Jean Privacy Policy is incorporated by this reference into, and made a part of, these Terms of Use.
Term and Termination
These Terms will remain in effect until terminated as described below.
You may terminate your use of or participation in the Site and Services at any time by discontinuing use of all Services.
Bonnie Jean may immediately, with cause, suspend, terminate, or restrict your access to all or any component of the Site or Services without notice or liability to you. Cause for such suspension, restriction, or termination shall include violations of these Terms or any other policies or guidelines referenced herein. Any such suspension or termination will not affect your obligations to Bonnie Jean under these Terms. The following provisions will survive termination or expiration of these Terms for any reason whatsoever: Disclaimers of Warranties, Limitation of Liability, Indemnification, and General Terms.
General Terms
Entire Agreement: These Terms constitute the entire agreement between you and Bonnie Jean relating to their subject matter and supersede all prior or contemporaneous communications, agreements, and understandings between you and Bonnie Jean with respect to the Services.
Severability: If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
Waiver: No waiver by Bonnie Jean of any term, right or condition under these Terms will be deemed a further or continuing waiver of such term, right or condition or any other term, right or condition under these Terms.
Remedies: The rights and remedies of Bonnie Jean under these Terms are cumulative and not exclusive or in limitation of any other right or remedy which Bonnie Jean may have at law or equity.
Assignment: You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of Bonnie Jean. Bonnie Jean may freely assign these Terms without notice or restriction. Any attempted assignment in violation of this section will be null and void. Subject to the foregoing restrictions, these Terms will inure to the benefit of the successors and permitted assigns of Bonnie Jean.
No Partnership: Nothing contained in these Terms or on the Site will be construed as creating any agency, partnership, or other form of joint venture between us.
Force Majeure: Bonnie Jean will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, terrorism, war, riots, embargos, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Notice: Any notices or other communications permitted or required under these Terms, will be provided electronically and given by Bonnie Jean via email, Bonnie Jean website posting, or other means then specified by Bonnie Jean.
Governing Law: These Terms and your use of the Site and Services will be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws rules.
Dispute Resolution: You agree that any dispute arising out of or relating to these Terms or the Site or Services will be resolved solely through confidential binding arbitration before the American Arbitration Association (“AAA”) utilizing its Consumer Arbitration Rules (or Commercial Arbitration Rules if you are not a consumer), with arbitration to occur in Denver, Colorado. All disputes shall be resolved on an individual basis, and not on a class-wide or consolidated basis. The arbitrator shall have no authority to award punitive, exemplary, indirect or other damages disclaimed by these Terms and shall be empowered to resolve the dispute in the same manner as a court. Except where prohibited, the arbitration proceeding and all filings, evidence, documents and rulings related to arbitration shall be deemed Confidential Information.
Class Action Waiver: You agree to give up any rights to bring any disputes as a court certified class action, private attorney general action, or any other proceeding in which anyone acts in a representative capacity. You agree that any arbitration or proceeding shall be limited to the dispute between us and shall not be part of a class action, private attorney general action or other representative or consolidated dispute.
Jury Waiver: You hereby waive any right to jury trial in connection with any action or litigation in any way arising out of or related to these Terms or the Site or Services.
No Formalities: No joint venture, partnership, employment, or agency relationship exists between you and Bonnie Jean as result of these Terms or your use of the Site or Services. The failure of Bonnie Jean to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by Bonnie Jean. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or available at law or equity.
Thank you for reading our Terms of Use. Please contact us at [email protected] with any questions.