Terms of service
GENERAL INFORMATION
Welcome to JHZ Market! The terms “we,” “us,” and “our” refer to JHZ Market. JHZ Market operates this store and website, including all information, content, features, tools, products, and related services to provide you, the customer, with a curated shopping experience (the “Services”). JHZ Market utilizes Shopify technology, enabling us to offer the Services.
These terms and conditions, along with any policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information regarding your legal rights and cover areas such as warranty, disclaimer, and limitation of liability. By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and have given your consent for any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be required to provide certain information, such as your email address, billing information, payment, and shipping information. You represent and warrant that all information you provide in our store is accurate, up-to-date, and complete and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account credentials and all activity on your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to accurately display our products and services in our online store. However, please be aware that colors or the appearance of the product may differ from how they appear on your screen due to the type of device you use to access the store and its settings.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be the same as shown or presented in our online stores. All product descriptions may be modified at any time without prior notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of any product we offer to any person, geographic region, or jurisdiction individually.
SECTION 3 - ORDERS
When you place an order, you are making a purchase offer. JHZ Market reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until JHZ Market confirms that it accepts it. We must receive and process your payment before accepting your order. You should carefully review your orders before making a purchase, as JHZ Market may not be able to process your cancellation request after an order is accepted. In the event that we do not accept, change, or cancel an order, we will attempt to notify you by contacting you via the email, billing address, or phone number you provided at the time the order was placed.
You may return or exchange your purchase only in accordance with our refund policy. You represent and warrant that your purchase is for your personal or household use and not for resale or commercial export.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be indicated in the order confirmation sent to you via email. Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, or customs fees or import charges.
Published prices in our online stores may differ from prices offered in the physical store or in the online store or other stores operated by third parties. We may occasionally offer promotions on the Services that may affect pricing strategies and that are governed by terms and conditions different from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transaction and communicate with you as necessary.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) the charges incurred will be accepted by your credit card company, and (iv) you will pay the charges incurred at the published prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for any shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We will not be liable for delays caused by the shipping company, customs processing, or events beyond our control. Once we transfer products to the shipping company, title and risk of loss transfer to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, samples, images, graphics, product reviews, videos, and audio, and the design, selection, and arrangement of the same, are owned by JHZ Market, its affiliate, or licensor and are protected by U.S. and foreign patents, copyrights, and other intellectual property laws.
These Terms permit you to use the Services solely for your personal and non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Unless expressly provided in this document, nothing in these Terms grants or shall be construed to grant you a license or other rights under any patent, trademark, copyright, or other intellectual property of JHZ Market, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by JHZ Market.
The names, logos, product and service names, designs, and slogans of JHZ Market are trademarks of JHZ Market or its affiliate or licensor. You may not use such trademarks without the prior written permission of JHZ Market. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans in the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided access to customer tools offered by third parties as part of the Services, which we do not monitor or control in any way.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We will have no liability arising from or related to your use of third-party optional tools.
Any use you make of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms under which the tools are provided by the relevant third-party providers.
We may also, in the future, offer new features through the Services (including the launch of new tools and resources). These new features will also be considered part of the Services and will be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any third-party embedded functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these third-party materials or websites, you do so at your own risk.
We will not be liable for any damages or injuries related to your access to any third-party website, or your purchase or use of any product, service, resource, or content on any third-party website. Please review carefully the policies and practices of the third party and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO THE ENTREPRENEUR: This section accurately characterizes the relationship of Shopify with your store and should not be deleted or modified.] JHZ Market operates using Shopify technology, which allows us to offer you the Services. However, any sale or purchase you make in our store is made directly with JHZ Market. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and JHZ Market, including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchase and transaction with JHZ Market.
SECTION 10 - Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read this Privacy Policy.
Since the Services are hosted by Shopify, Shopify collects and processes personal information about your access and use of the Services to provide and improve our Services. The information you send to the Services will be transmitted and shared with Shopify, as well as with third parties that may be located in a different country than where you reside, in order to provide you with the services. Review our Privacy Policy for more information on how we, Shopify, and our partners use your personal information.
SECTION 11 - COMMENTS
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively referred to as “Comment”), you grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Comment in any medium for any purpose, including commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, improve, optimize, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Comments; (ii) you have disclosed any compensation or incentive received in relation to the submission of your Comment; and (iii) your Comment complies with these Terms. We have no obligation (1) to maintain the confidentiality of your Comment; (2) to pay compensation for your Comment; or (3) to respond to your Comment.
We may, but are not obligated to, monitor, edit, or remove Comments that we determine, in our sole discretion, to be illegal, offensive, threatening, defamatory, obscene, or otherwise unacceptable or that violate any party's intellectual property or these Terms of Service.
You agree that your Comment will not infringe upon any rights of any third party, including copyright, trademark, privacy, personality, or any other personal or proprietary rights. Additionally, you agree that your Comment will not contain defamatory or otherwise illegal, abusive, or obscene comments, nor will it contain any computer virus or other malware that may affect in any way the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or mislead us or any third party regarding the origin of any Comment. You are solely responsible for any Comment you make and its accuracy. We assume no responsibility for any Comment posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing strategies, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have placed your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any illegal or malicious purpose; (b) to violate any regulation, rule, law of international, federal, provincial, or state, or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, belittle, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any similar request; (h) to impersonate or attempt to impersonate any other person or entity; or (i) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that, as we determine, may harm JHZ Market, Shopify, or the users of the Services or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that could or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data collection and extraction tools, automated devices, or processes, artificial intelligence tools (such as agent-based AI), or automated or manual means to access the Services; or (f) interfere with, circumvent, or avoid any security or authorization measures, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the implementation of an Agent to access, use, or interact with any Service. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the instruction of any person or entity and may execute on behalf of or using the device of the person, without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies and operates in strict compliance with the requirements of section 14.4 below. Additionally, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including through technical measures, the access, use, and interaction of any Agent with the Services and how it does so.
14.4 Agents must: (i) in every HTTP/HTTPS request, identify that the request comes from an Agent and disclose the name of the Agent by including the following in the user-agent field of the request: "Agent/[agent name]"; (ii) not disguise or create confusion about any access, use, or interaction coming from an Agent, such as (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish between computer and human use, (iii) respond truthfully to any question or instruction seeking to determine whether interactions come from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether Agents access, use, or interact with the Services and how they do so.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without prior notice, and you will remain responsible for all amounts owed up to the date of termination.
The following sections will continue to apply after any termination: Intellectual Property, Comments, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Discrepancy, Waiver; Complete Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 - WARRANTY DISCLAIMER
The information presented on or through the Services is provided for general informational purposes only. We make no guarantees regarding the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor of the Services, or by anyone who may be informed of any of your Contents.
UNLESS THE [ENTREPRENEUR] EXPRESSLY INDICATES OTHERWISE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, COMMERCIAL QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, INDICATE, OR ENSURE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR OTHER DISCLAIMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE [ENTREPRENEUR], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATE, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COST, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless JHZ Market, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including attorney’s fees, payable to any third party due to or arising from (1) your breach of these Terms of Service or the documents incorporated by reference, (2) your violation of any law or the rights of a third party, or (3) your access and use of the Services.
We will notify you of any indemnifiable claim, provided that your failure to promptly notify us will not relieve you of your obligations unless you suffer material harm. We may control the defense and resolution of such claim at your expense, including the choice of attorney, but we will not settle any claim that involves non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of indemnification claims, including providing relevant documents.
SECTION 19 - DISCREPANCY
In the event that any provision of these Terms of Service is determined to be illegal, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed excluded from these Terms of Service, and such determination shall not affect the validity and enforceability of the remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policy or operating rule posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any previous version of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreement through which we provide you Services shall be governed and construed in accordance with the federal and state or territorial courts of the jurisdiction where JHZ Market is based. You and JHZ Market agree to the jurisdiction and personal jurisdiction of such courts.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO THE TERMS OF SERVICE
You can review the most updated version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting the updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use or access to the Services after any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to marketjhz@gmail.com.