Terms of Use

Effective Date: July 31, 2024

These Terms of Use (these "Terms") constitute a binding agreement between you and Very Jane LLC ("Jane," "we," or "us") with respect to your use of (i) our website available at https://www.jane.com (the "Site"), (ii) our iOS and Android mobile applications (the "Apps"), (iii) all graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials published, displayed or otherwise made available on the Site or Apps (the "Content"). and (iv) all services, tools, features, and functionalities offered on or through the Site and Apps, including Jane’s proprietary software platform that allows authorized sellers to oﬀer products for sale through the Site and Apps and for users to purchase such products (collectively (i) through (iv), the "Services").

For purposes of these Terms, "you" or "your" means you as a user of the Services. If you are entering into these Terms on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms "you" or "your" shall refer to such entity.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND SUCH OTHER TERMS, CONDITIONS, POLICIES, AND DOCUMENTS THAT MAY BE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS, IN ACCORDANCE WITH THE TERMS OF SECTION 16 ("ARBITRATION; JURY WAIVER; CLASS ACTION WAIVER") BELOW.

Additional policies, terms, and conditions (collectively, "Additional Terms") applicable to certain Services, specific areas of the Site, or to particular content or transactions (including, without limitation, the Jane Seller Agreement, which govern any product sales offered by you through the Site or Apps), may also be posted in particular areas of the Site and, together with these Terms, govern your access to and use of such Services, content or transactions, or Site areas. Any such Additional Terms are incorporated into these Terms. If any inconsistency exists between these Terms and such Additional Terms, such Additional Terms applicable to that Service, content or transaction, or area of the applicable Site will be controlling with respect to the same.

1. CHANGES TO TERMS

We may revise and update these Terms from time to time at our sole discretion. The date these Terms were last updated is set forth at the top of this page. We will use commercially reasonable efforts to notify you of any material changes prior to any such material changes taking effect, either through the Site or Apps user interface, email via the email address associated with your account (if any), or through other reasonable means. Your continued use of the Services following the effective date of the revised Terms means that you accept and agree to the changes.

2. SCOPE OF AND RESTRICTIONS ON USE

Subject to these Terms, Jane grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services for your personal use.

You agree not to:

except as otherwise provided in these Terms, copy, download, or store the Content in a retrieval system for any other purpose, or redistribute, reuse, or modify the Content for any purpose, without the express written permission of Jane;
reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Services;
decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Services;
collect information from the Site or Apps using an automated software tool or manually on a mass basis;
use automated means to access the Site or Apps, or gain unauthorized access to the Services or to any account or computer system connected to the Services;
obtain, or attempt to obtain, access to areas of the Services or our systems that are not intended for access by you;
"flood" the Services with requests or otherwise overburden, disrupt, or harm the Services, or our systems;
impersonate any person or entity, including, but not limited to, an employee of ours, an "Administrator", an "Owner", or any other Authorized User, or falsely state or otherwise misrepresent your affiliation with a person, organization, or entity;
send bulk emails, surveys, or other mass messaging, whether commercial in nature or not;
provide, and you will not use Jane to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce;
use the Services to promote or operate any service or content without Jane's prior written consent;
restrict or inhibit other users from accessing or using the Services;
modify or delete any copyright, trademark, or other proprietary rights notices that appear on the in the Services or Content; or
access or use the Site, Apps, Services, or any Content for any unlawful purpose or otherwise beyond the scope of the rights granted to you in these Terms.

You are responsible for procuring and maintaining all computer hardware and software, equipment, internet connectivity, and other ancillary services and resources necessary for access and use the Services and for ensuring the security of the foregoing.

3. OWNERSHIP

The Services (including all Content, other than User Content (as defined below)) are owned by Jane and its licensors, and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, trade names, service marks, and logos displayed on the Site are registered and unregistered marks of Jane and its licensors.

Jane reserves all rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Jane may have in and to the Services. By making Services available to you, Jane is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Services without Jane's prior written consent.

Jane shall own and retain all right, title, and interest in and to any data derived from your use of the Services (collectively, the "Derived Data"). All such Derived Data may be used by Jane for any legal purpose, including purposes of maintaining and improving Services and Jane’s other products and services.

4. ELIGIBILITY; ACCOUNT REGISTRATION AND SECURITY

You must be at least 18 years of age to access and use the Services.

Access to and use of the Site and/or Services may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify Jane of any unauthorized use of your account, or any other breach of security. Jane is not liable for any loss or damage arising from your failure to protect your username or password.

5. PRIVACY POLICY

Registration data and other personally identifiable information that you submit, post or provide to or through the Services or that we may otherwise collect is subject to, and treated in accordance with, the terms of Jane's Privacy Policy

6. PURCHASE OF GOODS; USER DISPUTES

Jane provides a technology platform that allows you to browse, shop and/or purchase products offered for sale by third party sellers. Jane is not responsible for examining or evaluating, and Jane makes no warranties regarding, any of the products made available through the Services. Jane is not responsible or liable for your transactions, dealings or interactions with sellers or other users.

You agree that you are solely responsible for your interactions with any other user in connection with the Services, and Jane will have no liability or responsibility with respect thereto. Jane reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.

7. ORDERS; PAYMENTS; REFUND POLICY

When you purchase a product through the Services, you agree to pay the price for such product and all shipping and handling charges, all applicable taxes in connection with your purchase and, if applicable, a platform fee (the "Purchase Amount"). You authorize us (or our payment processor) to charge your credit card or other payment method for the Purchase Amount. Unless otherwise noted, all currency references are in U.S. Dollars. Orders will not be processed until payment of the Purchase Amount has been received in full.

JANE DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate all payments, whether via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates ("Stripe"), a third-party payment processor. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to these Terms, you also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. Please contact Stripe for more information.

8. USER CONTENT

Certain features of the Services may enable you to submit, upload, post, share, display, or transmit to other users (hereinafter, "post") your content ("User Content") and interact with others through user comment areas, message boards, direct messages, our blog, and similar user-to-user areas. You may not post any User Content that:

is unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy rights or right of publicity, or otherwise objectionable;
constitutes or promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
contains any material that could give rise to any civil or criminal liability under any applicable laws, rules, or regulations or that otherwise may be in conflict with these Terms;
infringes upon, misappropriates, or otherwise violates any intellectual property rights or other rights of a third party;
constitutes or encourages criminal conduct;
gives the impression that it emanates from or is endorsed by Jane or any other person or entity, if this is not the case; or
contains any virus, malware, spyware, or other harmful content or code.

Rights You Grant to Us. You hereby grant to Jane an irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to use, reproduce, display, perform, distribute, and prepare derivative works of any User Content you post on or through the Services for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called "rental rights," "moral rights," and all rights of "droit moral" in your User Content, even if your User Content is altered or changed in a manner not agreeable to you.

No Responsibility by Jane. You represent and warrant to Jane that you own or control all rights in and to all of your User Content and have the right to grant the rights above to us. You acknowledge and agree that you are solely responsible for your User Content, and that Jane is not responsible for, and does not endorse, any User Content.

No Confidential or Proprietary Submissions. While we appreciate your interest in the Services and our business, Jane does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of Jane might seem to others to be similar to users' own creative ideas, suggestions, and/or materials. Except with respect to your personal information as expressly set forth in our Privacy Policy, all comments, suggestions, ideas, drawings, concepts, or other information or materials disclosed or offered to us by you via the Services or in response to solicitations on the Site or Apps shall be deemed to be non-confidential and non-proprietary.

9. THIRD-PARTY MATERIALS

The Services may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, "Third Party Materials"). You acknowledge and agree that Jane is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Jane does not assume and will not have any liability to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

10. Mobile Services

Mobile Services. The Services include certain services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Site from a mobile device, and (iii) the ability to access certain features and content through the Apps (collectively, the "Mobile Services"). You are solely responsible for providing the mobile device, wireless service plan, Internet connections and/or other equipment and services needed to use the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

Push Notifications. As part of the Services, you may receive push notifications, alerts or other types of messages directly sent to you in connection with your use of the Apps ("Push Notifications"). You acknowledge that when you use the Apps, your wireless service provider may charge you data rates and other fees, including in connection with Push Notifications. You have control over the Push Notifications settings, and can opt in or out of these Push Notifications through the Services or though your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages).

Mobile App License. Subject to these Terms, Jane hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Apps on your mobile device and (b) use the Apps for your own personal use solely to access and use the Services.

Third-Party Distribution Channels. Jane offers software that may be made available through the Apple App Store, the Google Play Store, or other distribution channels ("Distribution Channels"). If you obtain such software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Services, you agree to comply with all applicable terms of any agreement for such third-party products and services.

Apple-Enabled Software. If the Apps are made available for your use in connection with an Apple-branded product (the, "Apple-Enabled Software"), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:

Jane and you acknowledge that these Terms are concluded between Jane and you only, and not with Apple Inc. ("Apple"), and that as between Jane and Apple, Jane, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the "Usage Rules" set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the "Usage Rules" set forth in the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any, to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Jane’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
Jane and you acknowledge that Jane, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Jane and Apple, Jane, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to us at the address set forth in Section 19.
You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, e.g., your wireless data service agreement.
Jane and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.

Google-Sourced Software. The following applies to any App you download from the Google Play Store ("Google-Sourced Software"): (a) you acknowledge that these Terms are between you and Jane only, and not with Google; (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Jane, and not Google, is solely responsible for Company’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Company’s Google-Sourced Software and that, upon your acceptance of the terms and conditions of these Terms, Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Google-Sourced Software as a third-party beneficiary thereof.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold Jane and its affiliates, licensors, partners, and service providers, and the officers, directors, employees, agents, and representatives of each of them (collectively, the "Jane Entities") harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys' fees) arising out of or resulting from your use of the Site, Apps, the Services, and/or any Content, or any violation of these Terms or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. You agree not to settle any such matter without the prior written consent of Jane.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in Section 10 and this Section 11 may not apply to you.

12. DISCLAIMER OF WARRANTIES

THE SITE, APPS, SERVICES AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND JANE HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE JANE ENTITIES DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, APPS, SERVICES, OR ANY CONTENT, NOR DO THE JANE ENTITIES REPRESENT OR WARRANT THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, APPS, SERVICES, CONTENT, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, APPS, SERVICES, OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ACCORDINGLY, THE JANE ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S OR APPS’ INOPERABILITY, UNAVAILABILITY, OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR OTHER INFORMATION FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE OR ANY SERVICE.

IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IS TO TERMINATE YOUR ACCOUNT (IF ANY) AND TO DISCONTINUE YOUR ACCESS TO AND USE OF THE SERVICES.

THE JANE ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR APPS OR THE SITE'S OR APPS’ OTHER USERS. ACCORDINGLY, THE JANE ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY, OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE.

13. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE JANE ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, APPS, SERVICES OR THE CONTENT, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE JANE ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR DIRECT LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THESE TERMS OF USE OR THE SITE, APPS, ANY SERVICE OR CONTENT IS LIMITED TO THE GREATER OF (a) THE AMOUNT PAID, IF ANY, BY YOU TO JANE IN CONNECTION WITH YOUR USE OF THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (b) U.S. $100.00. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR CONSEQUENTIAL DAMAGES, SO SOME OF THE EXCLUSIONS AND/OR LIMITATIONS IN SECTION 12 AND THIS SECTION 13 MAY NOT APPLY TO YOU.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTION 11 ("INDEMNIFICATION"), SECTION 12 ("DISCLAIMER OF WARRANTIES") AND SECTION 13 ("LIMITATION OF LIABILITY") ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

14. REPORTING INTELLECTUAL PROPERTY INFRINGEMENT

Jane takes claims of intellectual property infringement seriously. It is Jane's policy to disable and/or terminate the accounts of users who are repeat infringers. However, Jane reserves the right to terminate user accounts based on even a single case of infringement.

We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any Content accessible on the Site infringes your copyright, you may request removal of such Content (or access thereto) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), your written notice of alleged copyright infringement must include substantially the following:

your physical or electronic signature;
identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works;
identification of the Content you believe to be infringing in a sufficiently precise manner to allow us to locate that Content;
adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address);
a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
a statement that the information in your written notice is accurate; and
a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Jane's designated agent to receive DMCA notices is: Very Jane LLC, Attn: IP Compliance 7321 E. 6th Ave Scottsdale, AZ 85251 Email: [email protected]. **NOTE: This contact information is for inquiries regarding potential infringement only.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that Content on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Trademark Infringement

Using a trademark that is similar to a third party's mark in a way that causes confusion by falsely implying (i) an affiliation or association with the third party or (ii) the third party has sponsored or approved the trademark user's goods or services may be considered trademark infringement. Any action that may be deemed trademark infringement is a violation of Jane's trademark policy.

If you are a trademark owner and you believe your trademark is being infringed, please be aware that Jane does not mediate trademark disputes between Site users and trademark owners. As a result, we strongly encourage trademark owners to resolve their disputes directly with the seller or Site user who posted the Content in question by messaging them directly from the product page. Contacting the seller may resolve things more quickly in a way that is more beneficial to you, the seller or Site user, and the Jane community.

If you are unable to make contact with the seller or Site user in question for any reason, please submit a trademark complaint that includes the following information:

The full legal name of the trademark owner
The address of the trademark owner
Your full legal name (if you are not the trademark owner)
Your email address (please use company email address)
Your title
The trademark (include a description for any incorporated design elements)
The trademark registration number, including registration office
URL of allegedly infringing use of trademark
A statement substantially similar to the following: "Under penalty of perjury, I declare that (a) I have a good-faith belief that the challenged material violates my trademark rights or the rights of the trademark owner, (b) the information in my complaint is true and correct, and (c) I am the trademark owner or am authorized to act on the trademark owner's behalf." The complaint should be sent to [email protected], or by mail to Very Jane LLC, Attn: IP Compliance, 7321 E. 6th Ave, Scottsdale, AZ 85251.

Jane's obligation to review the complaint shall be limited to (i) verifying that the listed trademark owner is the most recent owner of the trademark registration identified in the complaint, and (ii) determining that the registered mark is reasonably similar to the allegedly infringing trademark identified in the complaint (collectively, the "Minimum Complaint Standard"). Jane, in its sole discretion, shall determine whether a complaint meets the Minimum Complaint Standard and shall notify you of its decision. If your complaint meets the Minimum Complaint Standard, Jane shall provide you the name and contact information of the seller or Site user. You agree that you are solely responsible for making contact with the seller or Site user, and Jane shall not be held responsible if you are unable to resolve your concerns. Because sellers may have valid defenses to use a mark, Jane will remove infringing User Content or take other action only if you provide us a copy of a judgment or settlement agreement between you and the seller or Site user indicating that such content should be removed or such other action should be taken, or if the seller or Site user makes such a request to us in writing. As a seller or Site user, you agree that Jane may provide your contact information to any party that files a complaint that satisfies the Minimum Complaint Standard.

15. CHANGES; SUSPENSION AND TERMINATION

Changes to the Site. Jane reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof (including the Site, Apps or any Content) at any time. You agree that Jane will not be liable to you or to any third party for any such change, suspension, or discontinuance.

Suspension/Termination of Access. Jane has the right to deny access to, and to suspend or terminate your access to, the Services, or to any features or portions thereof, at any time and for any reason, including if you violate these Terms. If you would like to terminate your Jane account, you may email [email protected].

16. ARBITRATION; JURY WAIVER; CLASS ACTION WAIVER

Please read this section carefully. It impacts the rights that you may otherwise have. It provides for resolution of most disputes through individual arbitration instead of trial courts and class actions. This "Arbitration; Jury Waiver; Class Action Waiver" section survives any expiration or earlier termination of these Terms.

Informal Dispute Resolution. As a condition precedent which must be satisfied prior to initiating any arbitration or other action against the other party, both you and Jane agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to the Site, the Services, the Content, or the breach, enforcement, interpretation, or validity of this Agreement ("Claim"), the party asserting the Claim must first try in good faith to settle such Claim by providing written notice, by first class or registered mail, to the other party describing the facts and circumstances (including any supporting documentation) of the Claim. The party asserting the Claim must allow the receiving party 30 days in which to respond to or settle the Claim.

For purposes of this section, notices must be sent as follows:

If to Jane: to Very Jane LLC, Attn: Legal/Compliance, 7321 E. 6th Ave, Scottsdale, AZ 85251, with a copy emailed to [email protected]
If to Customer: to your last-used billing address or the billing and/or shipping address listed in your membership account

Arbitration. To the extent you cannot resolve any Claim through the informal dispute resolution procedure set forth above, and except as otherwise set forth herein, a Claim must be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Claim. You and Jane each expressly delegate to the arbitrator the authority to determine the arbitrability of any Claim, including the scope, applicability, validity, and enforceability of this arbitration provision.

To begin an arbitration proceeding, you must send a written request to Jane at: Very Jane LLC, Attn: Legal/Compliance, 7321 E. 6th Ave, Scottsdale, AZ 85251, with a copy emailed to [email protected]. You agree that the arbitration will be conducted by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules ("AAA Rules"), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In accordance with the AAA Rules, you must also send a copy of your written demand for arbitration to AAA when submitting your request to Jane.

In the event that the AAA is unable or unwilling to initiate arbitration within fourteen (14) days of receiving a demand for arbitration, arbitration may be conducted by JAMS, Inc. (in accordance with its Streamlined Arbitration Rules & Procedures) or by any other mutually agreeable arbitration administration service. You and Jane each agree that this Agreement evidences a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law and will not be governed by state law. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce this Agreement as a court would. Any arbitration shall be confidential, and neither you nor Jane may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

In lieu of arbitration, and notwithstanding anything in this section to the contrary, either you or Jane may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, but only if it is brought and maintained as an individual claim. Additionally, and notwithstanding anything herein to the contrary, nothing in this section shall prohibit you or Jane from seeking temporary injunctive relief in a court of competent jurisdiction to prevent an imminent or stop an actual breach of this Agreement.

Class Action and Jury Waiver. YOU AND JANE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF A COURT OR ARBITRATOR DETERMINES IN AN ACTION BETWEEN YOU AND JANE THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE, THE ARBITRATION AGREEMENT SET FORTH ABOVE WILL BE VOID AS TO YOU. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

GOVERNING LAW

Any dispute arising from these Terms or your access to or use of the Site, Services or Content, in any manner, will be governed by and construed and enforced in accordance with the laws of Arizona, without regard to conflict of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in Scottsdale, Arizona.

17. GIFT CARD TERMS AND CONDITIONS

General. Jane.com gift cards ("Gift Cards") are redeemable only at www.jane.com and through Jane's mobile applications. Gift Cards may not be used to purchase other Gift Cards. To redeem you must have or create an account on www.jane.com. Gift Cards are not redeemable for cash, except as required by state law. Gift Cards may be used multiple times until value is depleted. Unauthorized use, reproduction, or resale is prohibited. Gift Cards are not reloadable. Gift Cards will not be replaced or replenished if lost, stolen, or used without authorization.

Redemption. Gift Cards may only be redeemed toward the purchase of eligible goods and services provided on www.jane.com. Your Jane.com Balance displays the total remaining balance of all Gift Cards and credits that have been applied to your Jane.com account but not yet applied to a purchase. Purchases are deducted from your Jane.com Balance. Any unused Jane.com Balance will remain associated with your Jane.com account. If a purchase exceeds your Jane.com Balance, the remaining amount must be paid with an alternate payment method. To view your Jane.com Balance, visit the Your Account link on the Site or Apps.

Limitations. Your Gift Card cannot be used to purchase other gift cards. Gift Cards cannot be refunded, reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. No portion of your Gift Card may be transferred to another Jane.com account.

Risk of Loss. The risk of loss and title for Gift Cards pass to the purchaser upon electronic transmission of the Gift Card to the purchaser's or designated recipient's account on www.jane.com or our delivery to the carrier, whichever is applicable. Jane is not responsible if any Gift Card is lost, stolen or destroyed, or if your Jane.com Balance is inaccurate or if your Gift Card is used without your permission.

Violations. We reserve the right to void Gift Cards or any other component of your Jane.com Balance, close customer accounts and bill alternative forms of payment if we suspect that a Gift Card is obtained, used or applied to any Jane.com account (or your Jane.com Balance is applied to a purchase) fraudulently, unlawfully or otherwise in violation of these Terms.

Balance Expiration. The portion of your Jane Balance made up of Gift Cards does not expire and may be applied to your Jane.com account at any time. Jane Gift Cards are not subject to dormancy, inactivity or service fees.

18. TEXT TERMS AND CONDITIONS

Express Consent. You may be given the option, through the Site, Apps or otherwise, to sign up to receive marketing, promotional, or support text messages from Jane (each, a "Text Message") as part of the Services. If you elect to receive Text Messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring Text Messages from us, sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency may vary from time to time at Jane’s discretion, and Jane reserves the right to change the short code or phone number from which Text Messages are sent. Please note that Jane’s text service is optional, and your consent is not a condition for purchase.

Cancellation. You can opt out of receiving any further Text Messages from us at any time by replying "STOP" to any Text Message you receive from us. For help, reply "HELP" to any Text Message you receive from us, or email [email protected].

Messaging Fees. In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit text messages, you may not receive the Text Messages. Neither we nor the applicable wireless carrier will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. All Text Message services are provided on an "AS IS" basis.

Privacy. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name, and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use collected information, please read our Privacy Policy.

19. MISCELLANEOUS

Geographic Restrictions. Jane is based in the State of Arizona in the United States. Jane make no claims that the Services are accessible or appropriate outside of the United States. Access to and use of the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms will continue in full force and effect.

Notice for California Users Under California Civil Code Section 1789.3. Users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at [email protected]; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at the mailing address set forth below.

Electronic Communications. When you visit or purchase from www.jane.com or through Jane's mobile application, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Entire Agreement. These Terms and any other policies, terms, and conditions incorporated herein by reference, constitute the sole and entire agreement between you and Jane with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Questions. If you have any questions about the Site, Services or these Terms, please contact us at [email protected] or Very Jane LLC, 7321 E. 6th Ave, Scottsdale, AZ 85251.