The Effective Date of these Terms and Conditions is November 6, 2007.
J'tara, A Limited Company
P.O. Box 2184
Lee's Summit, MO 64063
Delivery shall be deemed to have been made as documented by certified mail.
The J'tara name, the Web site, and all materials available on the Web site are the exclusive property of J'tara or its licensors and are protected by copyright, trademark and other intellectual property laws and treaties throughout the world. J'tara provides the Web site solely for personal, non-commercial use. You may not use J'tara or the content of the Web site in any manner or for any purpose that would constitute infringement of J'tara's or our licensors's intellectual property rights. Content includes: text, graphics, logos, slogans, images, audio clips, video clips, overall look or feel, software server information, and anything else hosted on the Web site. All rights to the Web site concept, content, services, and server information are reserved. Any modification made to the content of the Web site by a third party is a violation of J'tara's copyright. You may download and/or print one copy of individual pages of the Web site or documents available for download for your personal, non-commercial use.
Any products or designs designated as our design or bearing the J'tara name are protected by copyright and/or trademark laws and cannot be duplicated or used without permission from us. Use of our products or designs would constitute infringement of our intellectual property rights and is punishable by law.
All brand, product, service, and process names appearing on the Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by J'tara. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of J'tara or any third party, except as expressly granted herein.
You agree that any submissions made by you to J'tara, such as product or service ideas, suggestions regarding the Web site, testimonials, or any other comments or suggestions pertaining to J'tara, its products, or services, whether in person, in writing, online, on the Web site, or over the phone, become the property of J'tara at the time of submission and at no time will J'tara provide compensation of any kind for such submissions.
CURRENCY, AGE, AND SERVICE AREA RESTRICTIONS: Prices shown on the Web site are quoted in United States Dollars. Clients purchasing merchandise or services from the Web site, or from its retail, private or home parties, or consultations must be at least 18 years of age and reside in the contiguous U.S., Alaska, or Hawaii, excluding California and Kansas. At this time, J'tara merchandise or services are not available outside the U.S. or in the states of California and Kansas . Merchandise and services may have additional shipping or other restrictions. Orders received for shipping to areas we do not serve will be canceled. We apologize for any inconvenience this may cause.
COMPATIBILITY: You may not be able to access certain Web site functions if your browser is out of date or without installing one or more browser plug-ins. Additionally, other computer settings may affect your ability to access the Web site. J'tara does not warrant or make any representation that this Web site will render properly on all Web browsers or computers. If the J'tara Web site does not operate or appear correctly, please review your computer settings or try a different browser. If you believe you have identified a browser issue, let us know the browser name and version number which did not work.
USER REGISTRATION AND ORDERING: You may be required to register on the Web site in order to access certain features of the Web site. By registering on the Web site or providing us with any information, or purchasing products or services, you are stating that you are of legal age to enter into a legally binding contract. To register you will choose a user name and a password through the Web site's registration process. You are responsible for keeping your user name and password confidential. You are responsible for all activities (whether by you or by others) that occur under your password and account. You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.
By completing the ordering and checkout process, you are agreeing to purchase items from this Web site in accordance the Agreement, are agreeing to pay the full amount specified on your order summary, and you confirm the billing and shipping addresses you have provided are correct.
PRODUCT AVAILABILITY POLICY: J'tara offers a unique selection of merchandise from around the world. Most of our items are not mass produced and are only available in limited quantities or are one-of-a-kind. Therefore, items quickly sell out or are unable to be reordered. Item availability as shown on the Web site are accurate at the time the items are shown, but are subject to sell-out at any time. For the best opportunity to purchase, J'tara recommends clients make their selection and complete the check out process in a timely manner to avoid disappointment. When available, some items qualify for waitlist or backorder. Waitlist and backordered items are items J'tara expects to receive within 30 days or less. As with all of our items, availability of waitlist and backordered items is limited and cannot be guaranteed. By browsing or shopping on our Web site, client understands and agrees to the quickly changing availability of our inventory.
ORDER ACCEPTANCE POLICY: Clients placing an order on the Web site will receive an Order Confirmation e-mail indicating J'tara has received your order. Please be aware this is not an acceptance of your order. Your order is simply an offer to J'tara to purchase a product or service. The shipping of your order is confirmation that your order has been accepted and the contract is formed. We reserve the right to cancel your order at any time before the order is shipped. If this is done, we will notify you and provide an explanation. Should we cancel an order for which payment has been received, J'tara will refund your payment in a timely manner.
At any time or for any reason after receipt of your order, J'tara reserves the right to accept or decline your order, or any portion thereof, or refuse service, limit order quantities, terminate accounts, and/or cancel orders at its discretion, including, but is not limited to, if your order does not comply with our Terms and Conditions (and Return Policy, if applicable), if Client has made excessive returns, if an order appears suspect or fraudulent, or if J'tara believes that the client conduct violates applicable law or is harmful to the interests of J'tara or its affiliates, clients, users, employees, agents, subcontractors, representatives, or third-party service providers. In the event that J'tara receives an order which appears suspect or fraudulent, information pertaining to such orders will be reported to the proper authorities.
PROHIBITED ACTIVITIES: The following activities are expressly prohibited from the J'tara Web site:
ORDER CANCELLATION POLICY: In the event you need to cancel an order, you must reply to the Order Confirmation e-mail sent to you upon receipt of your order and indicate you wish to cancel the order. Cancellations for in-stock, customized, pre-order, and personalized items must be made within one (1) hour of placing the order, or the processing of the order may not be stoppable. Cancellations for waitlist and backordered items may be canceled any time prior to shipment, excluding custom and personalized items. For your protection, all cancellations must be via e-mail by replying to the Order Confirmation e-mail.
COUPON POLICY: From time to time, J'tara may provide promotional coupon codes for use on our Web site. These coupon codes have restrictions and limitations which apply to our merchandise. Any offer for a coupon-based discount is void where prohibited. Coupon codes are only applicable for use on our Web site and do not apply to prior purchases, gift certificates, taxes, shipping (unless using a free shipping coupon), pre-set shipping surcharges or handling charges , or Specialty Services. Coupon codes must be entered at time of order to receive discount. Coupon codes are valid only in areas J'tara serves and have no cash value. J'tara reserves the right to limit the number of items eligible for use with any coupon, the number of times a coupon may be used, and reserves the right to modify or end the offer at any time. Additional restrictions and conditions may apply as stated on coupon.
ACCURACY OF INFORMATION: Information on the Web site may contain technical inaccuracies or typographical errors. Every attempt is made to avoid errors in information provided on the Web site, including but not limited to, availability, pricing and product information. While J'tara attempts to make information on the Web site as accurate as possible, J'tara does not warrant the content of the Web site is accurate, complete, reliable, current, or error-free. J'tara reserves the right to correct any errors and apologizes for any inconvenience.
In case of errors or inaccuracies, J'tara is under no obligation to offer you a product or service at a price which was erroneously stated on the Web site, regardless of whether the order has been confirmed and/or payment received. Should an error occur, J'tara will attempt to contact you to inform you of the error and to resolve the issue. Should J'tara cancel your order due to errors or inaccuracies, and payment has already been received, J'tara may, at its sole discretion, offer you the merchandise at the correct price, or will cancel your order and refund your payment in a timely manner upon discovery of such error or inaccuracy. Information, including product pricing and availability, may be changed or updated without notice.
USER INDEMNIFICATION: You agree to indemnify J'tara and its affiliates, employees, agents, subcontractors, representatives, and third-party service providers. You agree to defend and hold each of them harmless from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Web site. Such acts may include but are not limited to: submissions, unauthorized use of material obtained through the Web site, or breach of this Agreement.
TERMINATION: J'tara may cancel or terminate your right to access or use any part of the Web site at any time without notice. The restrictions on you regarding information obtained or downloaded from the Web site shall survive any cancellation or termination of your right to use the Web site.
J’tara ships merchandise to locations within the contiguous United States, Alaska, and Hawaii (excluding California and Kansas). We apologize but at this time J’tara does not bill or ship to general delivery addresses, AFO/APO/DPO/FPO addresses (will bill only), hotels/motels, resorts, or international locations. J’tara may require Signature Confirmation upon delivery. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.
In most cases, orders for in-stock merchandise are processed within two (2) business days, excluding holidays and Sundays, or during periods of inclement weather. Items which are available on waitlist or backorder or require additional processing or shipping time will indicate this on the product page. Any shipping times stated on the Web site are IN ADDITION to processing time and are only estimates. Shipping times are NOT guaranteed. Actual times may vary by your location, the carrier selected, weather conditions, or other factors. Oversize or overweight items may require an alternate shipping method which may increase shipping times. Additional handling fees may apply. Not all shipping methods are available for all orders due to size, weight, or delivery address restrictions by the U.S. Postal Service. Orders may ship in multiple packages or from multiple carriers. J'tara reserves the right to require Signature Confirmation on any deliveries.
Free shipping offers or promotions are not available on "shipping included" items or items with pre-set shipping charges. Orders placed using a free shipping coupon code are sent using USPS standard mail. Orders qualifying for free shipping due to the order meeting qualifying purchase dollar amounts will ship based on the shipping method you choose during checkout. Other shipping options may be available at your cost. In all instances, shipping surcharges and/or handling charges may still apply on certain items. J’tara reserves the right to upgrade the shipping method at our cost.
J'tara allows one free exchange per item and does not charge additional shipping on the first occurrence when exchanging the same item for a different size, color or style, unless stated otherwise in the product description or listed in our Return Policy. Multiple exchanges of the same item or exchanges for an item not previously ordered will be treated as a new order and include shipping and sales tax charges, if applicable.
Additional shipping charges will occur in the following situations:
REFUSED SHIPMENTS: Any charges we incur while attempting to deliver merchandise which is refused (except in the case of damaged shipments which have been documented with the carrier at time of delivery) will be billed to you.
INCORRECT/UNDELIVERABLE SHIPPING ADDRESSES: It is your responsibility to make certain the shipping address you provide J'tara is accurate and complete, and a deliverable address. If you paid for your order using PayPal, the shipping address PayPal provides will be used to process your order. Therefore, you must be certain it is accurate. J'tara is not responsible for any inaccurate or undeliverable shipping addresses. Any charges we incur to reroute a package or update a shipping address will be the charged to you.
UNSUCCESSFUL DELIVERIES: The shipping carrier will attempt a delivery more than once. If they are still unsuccessful and are unable to leave the package, you will be responsible for the additional charges to have the package returned to us and/or reshipped to you.
If a shipment is returned to us for any of the reasons stated above, in addition to the shipping charges stated above in an attempt to deliver or redeliver, a 15% restocking fee and the actual cost of the original shipment will apply, regardless as to whether the order was shipped using free shipping or not. All related shipping charges we incur and any restocking fees will be deducted from your refund, if any. For further information, refer to our Return Policy.
All purchases made on the Web site for merchandise shipped to Missouri are subject to sales tax. In states where we have no physical presence, we are not required to collect sales tax. However, some states require that their residents file a sales tax or use tax return for items purchased on the Web site. Consult your state tax authorities regarding your requirements under the law. Any sales tax charged by us will be based on the applicable sales tax rate at time the order is placed and displayed on the checkout screen near the total price of your order. While we make every effort to calculate and collect the correct amount of sales tax on each purchase, it is possible for a minor error to occur due the timing of rate changes, districts with multiple taxing rates, tax holidays, etc., causing us to undercollect or overcollect sales tax. By using the Web site, you agree to hold J'tara and its agents harmless for any errors that may occur in the calculation of your sales tax and waive your rights to any claim or damages regarding such matters.
THE INFORMATION ON THE WEB SITE HAS BEEN COMPILED FROM A VARIETY OF SOURCES AND IS SUBJECT TO CHANGE WITHOUT NOTICE AS ARE ANY PRODUCTS, SERVICES, PROGRAMS, OFFERINGS, TECHNICAL, OR OTHER INFORMATION DESCRIBED ON THE WEB SITE. J'TARA MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, QUALITY, ACCURACY, OR ADEQUACY OF THE WEB SITE, OR THE SUITABILITY, FUNCTIONALITY, OR OPERATION OF THE WEB SITE OR ITS CONTENT. BY USING THE WEB SITE, YOU ASSUME THE RISK THAT THE INFORMATION ON THIS WEB SITE MAY BE INACCURATE, INCOMPLETE, OFFENSIVE, OR MAY NOT MEET YOUR NEEDS AND REQUIREMENTS. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED IN WRITING, ALL PRODUCTS, SERVICES, AND THE INFORMATION, CONTENT, REFERENCES, AND DESCRIPTIONS OF PRODUCTS OR SERVICES ON THE WEB SITE ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. IN NO EVENT WILL J'TARA BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT TO THE USER FROM THE USE OF THE MATERIALS, PRODUCTS, OR SERVICES ON THE WEB SITE EVEN IF J'TARA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Any warranty that is provided in connection with any of the products and services described on the Web site is provided by the advertiser or manufacturer only, and not by J'tara.
J'tara may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that J'tara is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that J'tara shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
The descriptions of, and references to, products, services and companies on the Web site are the sole responsibility of the companies providing the information ("advertisers"), and not J'tara. The inclusion of material on the Web site does not imply any endorsement by J'tara, which makes no warranty of any kind with respect to the subject matter of the Web site materials advertised.
A possibility exists that the Web site materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the Web site materials. Although J'tara tries to ensure the integrity and the accurateness of the Web site materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the Web site materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.
Client Services hours and availability are as shown on our Contact Us page of the Web site. Client Services hours and availability are subject to change at any time without notice.
J'tara offers a variety of Specialty Services which include an Online Shopping Service, Personal Shopping Service, Jewelry Parties, and Private Jewelry Showings and Consultations. Not all Specialty Services are available to all clients. We also offer an Earring Conversion Service which may be purchased online at the same time an earring purchase is made. This service is available to all clients.
ELIGIBILITY: Our Online Shopping Service and Personal Shopping Service are available to most clients residing in the contiguous United States, Alaska, and Hawaii, excluding California and Kansas. Offer not available internationally. In addition, clients must also meet J'tara's Shipping and Delivery address restrictions stated above.
Jewelry Parties and Private Jewelry Showings and Consultations are available in Missouri only as time allows and in certain locations in or near Kansas City, Missouri. Clients must also have an established relationship with J'tara and be deemed an approved client, OR have been referred by another approved J'tara client and subsequently been deemed as an approved client by J'tara. To be considered as an established client, you must have purchased a minimum of $500.00 of goods from J'tara and be in good standing with the company. Approval or non-approval shall be at the sole discretion of J'tara.
EXPLANATION OF SERVICES AND FEES: Clients requesting our Online Shopping Service will receive free phone support in helping to locate or suggest a gift from J'tara's current inventory only. Phone support time per customer is limited and typically support assistance shall not exceed five (5) minutes.
Clients purchasing our Personal Shopping Service from J'tara will receive research and recommendations from our current inventory and other sources. Research may take several days and will result in no more than four items per recipient based on the information provided by the client regarding the recipient. Client may accept or decline any of the recommendations. A $60.00 fee will apply per request for J'tara to locate, research, and determine availability of recommendations regardless whether client purchases a recommended item or not.
Clients requesting a standard Jewelry Party will be shown a sampling of jewelry products for consideration presented in their home or office. The duration of the showing is limited to 2 hours. J'tara Jewelry Parties consisting of 6 or more guests are provided free of charge. However, if the combined total sales of all guests at the Party totals less than $200.00 (excluding sales tax), the host will be charged a $200.00 booking fee, which will be due immediately. A $200.00 booking fee will apply to Jewelry Parties with 5 or fewer guests.
Jewelry Party guests must be at least 18 years of age and have an interest in purchasing J'tara products. Jewelry Party hosts who request other merchandise be included at their Party, including, but not limited to artwork, gift, and home decor items, may be charged a minimal transportation fee for these items. Additional fees will be charged for jewelry or wardrobe Consultations, whether provided privately or during a party. Hosts that book a free Party for 6 or more guests but 5 or fewer guests attend, are subject to a $200.00 booking fee for the Party. J'tara reserves the right to limit the number of guests at Party. We recommend no more than 10 guests per Party in order for guests to have sufficient opportunity to view and select merchandise. J'tara does not provide food, drink, party supplies, monetary or other compensation to hosts for hosting a Jewelry Party.
Clients purchasing a Private Jewelry Showing will be provided with a selection of jewelry from our inventory based on the information provided by client in their home or office. Fees for a Private Jewelry Showing start at $200.00 per booking and showings shall be limited to 2 hours. Clients that request larger items or additional services included in their Showing may be charged additional fees. Clients who purchase $1,500.00 (excluding sales tax) or more in one Showing will have the appointment fee waived. In the event a client returns any merchandise for a refund and such refund reduces the total purchases made to below $1,500.00, the client is subject to the $200.00 booking fee being reinstated and is due immediately.
A $200.00 discount is available for clients who schedule and complete three or more paid Private Jewelry Showings within a 12 month period and have purchased $1,500.00 or more (excluding sales tax) at each Showing. Any eligible discounts will be given upon completion of the third Showing and are valid for a future Showing. Offer limited to one discount per Showing.
J'tara's Earring Conversion Service is available for purchase with certain earrings only and is offered as a Specialty Service. This service allows clients to purchase an earring from our inventory and have the earring hook converted to a non-pierced style or vice versa. Clients may also select other types of conversions such as changing from silvertone to sterling silver, from hooks to leverbacks, or various options. This service is available for most dangle-style earrings. We do not convert stud earrings, hoop earrings, post back earrings with no dangle portion, those where the clip is soldered or glued to the back of the earring, or certain other unique styles. This service is considered customization and any earring converted using this service cannot be returned. All sales are final. Service not available on prior sales.
SPECIALTY SERVICES DISCLAIMER: Specialty Services (excluding our Earring Conversion Service) are offered as time allows and may not available to every client. J'tara reserves the right to change or discontinue the Specialty Services we offer at any time for any reason. J'tara reserves the right to rescind approval of or decline to offer any of these services to any client, at any time, for any reason. J'tara provides Specialty Services as a convenience for our clients and although we do our best to find suitable items for your consideration, we cannot guarantee that our selections or recommendations will meet your needs. Clients who purchase Specialty Services are under no obligation to purchase the items we present for consideration. Once a Specialty Service has been provided, fees are non-refundable.
Some of the items sold on the J'tara Web sites are previously owned or used. If this is the case, it will be stated in the description of the collection and/or the product. J'tara cannot warranty the age, history, authenticity, or provenance of any item, only provide information based on our knowledge of such product or similar product. You can expect that these items may show some wear, age, patina, or other indications that they are not new items. This is part of the beauty of the objects and is often considered desirable by collectors. While J'tara does its best to provide thorough descriptions and photographs of these items, the beauty of such objects is subjective and may or may not be suitable for your needs. Therefore, J'tara's standard Return Policy applies to all preowned products as well.
J’tara is proud to bring you exciting jewelry styles and other unique products unlike any other found in the marketplace today. The variety of materials and originality of our merchandise are what makes J'tara so beloved by our clients. The various components used in our pieces are gathered from numerous sources around the globe and, in many cases, are entirely handmade by artisan craftsmen. Because of this, J’tara may not know the precise makeup of each material component used in the jewelry or other merchandise we offer. Furthermore, since we are not certified gemologists nor jewelers, we must rely on the information provided by manufacturers and suppliers, including the treatments and physical properties of the various stones and jewelry components. This information is stated in each item’s description and is not provided by us. In some cases, certain information may not be available. In either instance, J'tara cannot confirm with absolute certainty the accuracy of such information, nor can we guarantee the lifespan of any stone, component, finish, or product. Because our items are not offered as investment pieces, rather solely for their beauty and the enjoyment of the wearer, purchasing from J’tara is done so with this understanding. To that end, we offer a ten (10) calendar day inspection period from the date of receipt on all J’tara merchandise, during which time, if you so desire, may inspect your purchase and, if applicable, have the merchandise examined by a certified jeweler or gemologist. If for any reason you are not completely satisfied with your purchase, you may initiate a return within the inspection period for a refund in accordance with our Return Policy. If you do not agree with the terms and conditions of the Agreement and our Return Policy, do not purchase from J'tara. By purchasing from J'tara, you understand and agree with the terms and conditions of the Agreement and our Return Policy.
PROP 65 WARNING: Some products sold on the Web Site or via e-mail may contain a chemical known to the State of California to cause cancer, birth defects or other reproductive harm.
In addition, our merchandise is not intended to be played with or worn by children under the age of 18. At no time should jewelry or other merchandise be placed in the mouth by anyone.
You agree that your J'tara account is non-transferable and any rights to your J'tara account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted or archived.
You agree not to file a dispute with PayPal or file a credit or debit card dispute with your card issuer or bank regarding any purchase from J’tara without first submitting your concern to J’tara in writing and giving us the opportunity to review your concern and respond. Submissions must be made within 60 days from date of purchase and sent to: J’tara, A Limited Company, P.O. Box 2184, Lee’s Summit, MO 64063.
You agree to give J’tara 30 days from the date of submission to research and respond to your concern. All false/fraudulent claims are a serious matter. They damage the reputation of a business and are punishable by law. Any false/fraudulent claims filed against J’tara will be pursued by any legal means necessary, despite whether or not you have received a credit refund from PayPal or from your credit or debit card issuer or bank.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to J'tara's Policies, use of the Web site, or relating to the Agreement must be filed within one (1) year after such claim or cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), or be forever barred.
Although the information on the Web site is accessible worldwide, not all products or services discussed in the Web site are available to all persons or in all geographic locations or jurisdictions. J'tara, its manufacturers, suppliers, artisans, and advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on the Web site is void where prohibited.
Because public networks, such as the internet, occasionally experience disruptions, J'tara cannot guarantee its Web site will be available 100% of the time. The Web site or portions of the Web site may occasionally be down for routine maintenance also. Although J'tara strives to provide the most reliable Web site possible, interruptions and delays in accessing the Web site are unavoidable and J'tara disclaims any liability for damages resulting from such problems.
A link to a non-J'tara Web site does not mean that J'tara endorses or accepts any responsibility for the content, availability, or the use of such Web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
Condition and section headings in this Agreement are for convenience of reference only and shall not affect the interpretation of the Agreement.
If any term or provision in the Agreement is found to be void, against public policy, unenforceable, or unlawful by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Agreement in its entirety, and the remainder of the Agreement shall survive with the said offending provision eliminated.
In the event of litigation, both parties agree that the laws of the State of Missouri shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the Western District of Missouri in Jackson County, Missouri court.
The nonperformance of any obligation hereunder and under any purchase order or service order submitted hereunder shall be excused during, and as a result of, any calamity, civil disturbance, war, act of terrorism, governmental action or intervention, labor dispute, shortage of raw materials or components, acts of God, or other action beyond the control of the party whose performance is hindered, delayed, or prevented.
The Terms and Conditions stated in this Agreement constitute the entire agreement between you and J'tara with respect to the Web site. This Agreement supercedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and J'tara with respect to the Web site. By using and/or purchasing from the Web site, you understand and agree to the information provided in the Agreement. No modification of the Agreement shall be effective unless it is authorized by J'tara.