Terms and Conditions
Terms and Conditions
Agreement between User and https://jmsapparel.com
Welcome to https://jmsapparel.com .The https://jmsapparel.com website (the "Site") is comprised of various web pages operated by
JM Studio LLC (" JMS Apparel "). https://jmsapparel.com is offered to you conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein (the "Terms"). Your use of https:/jmsapparel.com constitutes your agreement to all such Terms.
Please read these terms carefully, and keep a copy of them for your reference.
https://jmsapparel.com is an E-Commerce Site.
Custom Graphic Tee printing service and Apparel Retail Sale
and informs users of our data collection practices.
Visiting https://jmsapparel.com or sending emails to JMS Apparel constitutes electronic communications. You consent to receive electronic
communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email
and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
JMS Apparel does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under
18, you may use https://jmsapparel.com only with permission of a parent or guardian.
JMS Pre-made products:
If the products you receive differ materially from what you have seen at jmsapparel.net or if the goods are defective in anyways, then you may
return the custom goods for a full refund as long as the product is not used and all tags are intact within 7 days of receiving your order. Please
contact us to get an MA# to make sure that your return is handled quickly and accurately.
Custom Design Shirts:
Since the product is designed to your specification, we will not be able to take your return. If the product is defective in anyways, we will offer
a replacement product with the same design.
If you have any questions or concerns about your order, please send us an email at firstname.lastname@example.org. We will get back to you within 24
Links to Third Party Sites/Third Party Services
https://jmsapparel.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of JMS Apparel and
JMS Apparel is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. JMS Apparel is providing these links to you only as a convenience, and the inclusion of any link does not
imply endorsement by JMS Apparel of the site or any association with its operators.
Certain services made available via https://jmsapparel.com are delivered by third party sites and organizations. By using any product, service or
functionality originating from the https://jmsapparel.com domain, you hereby acknowledge and consent that JMS Apparel may share such
information and data with any third party with whom JMS Apparel has a contractual relationship to provide the requested product, service or
functionality on behalf of https://jmsapparel.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use https:/jmsapparel.com strictly in accordance with these
or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere
with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the
Site, is the property of JMS Apparel or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary
rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content
and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of
the content, in whole or in part, found on the Site. JMS Apparel content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.
You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of
JMS Apparel and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you
any licenses, express or implied, to the intellectual property of JMS Apparel or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message
or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication
Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the
particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain
software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto
or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may
damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such
Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any
file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or
other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate
any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect
information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
JMS Apparel has no obligation to monitor the Communication Services. However, JMS Apparel reserves the right to review materials posted
to a Communication Service and to remove any materials in its sole discretion. JMS Apparel reserves the right to terminate your access to any
or all of the Communication Services at any time without notice for any reason whatsoever.
JMS Apparel reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in JMS Apparel's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service.
JMS Apparel does not control or endorse the content, messages or information found in any Communication Service and, therefore,
MS Apparel specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in
any Communication Service. Managers and hosts are not authorized JMS Apparel spokespersons, and their views do not necessarily reflect
those of JMS Apparel
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you upload the materials.
Materials Provided to https://jmsapparel.com or Posted on Any JMS Apparel Web Page
JMS Apparel does not claim ownership of the materials you provide to https:/jmsapparel.com (including feedback and suggestions) or post,
upload, input or submit to any JMS Apparel Site or our associated services (collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting JMS Apparel , our affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy
distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in
connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. JMS Apparel is under no obligation to post or use
any Submission you may provide and may remove any Submission at any time in JMS Apparel's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the
rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
The Service is controlled, operated and administered by JMS Apparel from our offices within the USA. If you access the Service from a
location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the JMS Apparel Content
accessed through https://jmsapparel.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless JMS Apparel, its officers, directors, employees, agents and third parties, for any losses, costs,
liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any
applicable laws, rules or regulations. JMS Apparel reserves the right, at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully cooperate with JMS Apparel in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any
provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the
American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The
arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable
action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and
reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as
a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The
parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope
and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of
these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective
actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY. AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR
REPRESENTATIVE PROCEEDING. SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER
Further, unless both you and JMS Apparel agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not
otherwise preside over any form of a representative or class proceeding.
THE INFORMATION. SOFTWARE. PRODUCTS. AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. JM STUDIO LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY
JM STUDIO LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY. RELIABILITY.
AVAILABILITY, TIMELINESS. AND ACCURACY OF THE INFORMATION. SOFTWARE. PRODUCTS. SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ALL
SUCH INFORMATION. SOFTWARE. PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OR CONDITION OF ANY KIND. JM STUDIO LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION. SOFTWARE. PRODUCTS, SERVICES AND RELATED GRAPHICS.
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.
TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL JM STUDIO LLC AND/OR ITS
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE. INCIDENTAL. SPECIAL. CONSEOUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE. WITH THE DELAY OR INABILITY TO USE
THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION.
SOFTWARE. PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE. OR OTHERWISE ARISING OUT
OF THE USE OF THE SITE. WHETHER BASED ON CONTRACT. TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF
JM STUDIO LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEOUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION
JMS Apparel reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any
time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby
consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the
Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and JMS Apparel as a result of this
agreement or use of the Site. JMS Apparel's performance of this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of JMS Apparel's right to comply with governmental, court and law enforcement requests or requirements
relating to your use of the Site or information provided to or gathered by JMS Apparel with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and JMS Apparel with respect to the Site
and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and
JMS Apparel with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and
all related documents be written in English.
Changes to Terms
JMS Apparel reserves the right, in its sole discretion, to change the Terms under which https://jmsapparel.com is offered. The most current
version of the Terms will supersede all previous versions. JMS Apparel encourages you to periodically review the Terms to stay informed of our
JMS Apparel welcomes your questions or comments regarding the Terms:
JM Studio DLC
19745 E Colima Rd #1290
Rowland Heights , California 91748
Effective as of May 01. 2022