Jane Ellen Terms Of Use

1. Overview

1.1 Effective Date

This User Terms of Service (hereinafter referred to as the “Terms”) is issued by Jane Ellen and is effective as of March 26, 2025. These Terms apply to all users who access, use, register with, or purchase diamonds and related services through the Jane Ellen platform (hereinafter referred to as the “Platform”). Please read these Terms carefully. By continuing to use this Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

1.2 Scope of Application

These Terms apply to the following actions and categories of users:

Product Purchasers: Individuals or businesses that purchase diamonds or related products via the Jane Ellen Platform.
Service Users: Individuals or businesses utilizing services provided by the Platform, such as diamond customization, processing, or delivery.
Visitors: Individuals browsing the Jane Ellen Platform without registering or making a purchase.

These Terms apply to all features and services provided by the Platform, including but not limited to:

The online display, purchase, and customization of diamond products;
Supplemental services related to diamonds (e.g., certificate verification, logistics arrangements);
Customer support services and other functionalities provided by the Platform.

1.3 Acceptance of Terms

By accessing, registering with, or using the Jane Ellen Platform, you agree to comply with and be bound by these Terms.
If you do not agree to any part of these Terms, you must immediately stop using the Platform and its services.
During account registration, order placement, or the use of other Platform functionalities, you may be required to explicitly confirm your acceptance of these Terms, such as by checking a box stating, “I have read and agree to the User Terms of Service.” Such confirmation constitutes your agreement to be legally bound by these Terms.

Additionally, while using the Jane Ellen Platform, you may be subject to additional terms or policies (e.g., Privacy Policy, Refund Policy). In the event of any conflict between these Terms and additional terms, the additional terms shall prevail.

2. Definitions

For the purposes of these Terms, the following terms shall have the meanings defined below:

2.1 “Company”

Refers to Jane Ellen, including its subsidiaries, affiliates, and authorized representatives.

2.2 “User”

Refers to any individual or entity that accesses, registers with, or uses the Platform for any purpose, including but not limited to browsing, purchasing products, or utilizing services provided by Jane Ellen.

2.3 “Platform”

Refers to the website, mobile application, or any other digital platform operated by Jane Ellen through which users can access services, purchase products, or interact with the company.

2.4 “Services”

Refers to all products, tools, and functionalities provided by Jane Ellen, including but not limited to:
The online sale of diamonds and related products.
Diamond customization, cutting, polishing, and certification services.
Customer support and logistics arrangements.

2.5 “Products”

Refers to all diamonds, diamond jewelry, and related goods offered for sale by Jane Ellen, including both natural diamonds and lab-grown diamonds. Each product is accompanied by detailed specifications, such as weight (carats), clarity, color, and cut.

2.6 “Diamond Certification”

Refers to the official documentation provided by third-party organizations (e.g., GIA, IGI) that confirms the authenticity and quality of a diamond sold by Jane Ellen.

2.7 “Terms”

Refers to this document, the User Terms of Service, which governs the rights and responsibilities of the users and the company regarding the use of the Platform and its services.

2.8 “Applicable Law”

Refers to all relevant laws and regulations governing these Terms, including but not limited to:
The Federal Trade Commission Act (FTC Act).
The Consumer Protection Act.
Any applicable state or local laws in the United States.

2.9 “Third-Party Services”

Refers to any services provided by external vendors or platforms integrated with or used by Jane Ellen, such as payment processors, shipping companies, or certification organizations.

2.10 “Account”

Refers to the registered user profile created on the Platform to access personalized services, track orders, and manage personal information.

3. User Eligibility

To ensure compliance with applicable laws and the safe use of the platform, all users must meet the following eligibility requirements.

3.1 Age Restrictions

The Jane Ellen Platform is intended for individuals who are 18 years of age or older.
By accessing or using the Platform, you confirm that you are at least 18 years old, or of legal age in your state or country of residence, to form a binding contract.
If you are under 18 years old, you may only use the Platform under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

3.2 Account Registration

To access certain features of the Platform, including purchasing products and utilizing services, you may be required to register an account.
During registration, you must provide accurate, complete, and up-to-date information, including but not limited to:
Your full name.
A valid email address.
A current phone number.
Your shipping and billing address.
You are solely responsible for maintaining the confidentiality of your account credentials (e.g., username and password) and for all activities that occur under your account.
If you suspect any unauthorized use of your account, you must notify Jane Ellen immediately. Jane Ellen will not be liable for any loss or damage resulting from your failure to safeguard your account.

3.3 Prohibited Activities

Users are prohibited from engaging in the following activities while using the Platform:

Providing false or misleading information:

Users must not register with fake identities, use fraudulent payment methods, or submit false information during the purchase process.

Engaging in illegal activities:

Users must comply with all applicable laws and regulations, including laws against fraud, money laundering, and the unauthorized resale of diamonds.

Accessing the Platform unlawfully:

Users must not attempt to hack, disrupt, or gain unauthorized access to the Platform, its databases, or any third-party systems associated with Jane Ellen.

Misusing the Platform:

Users must not use the Platform for any purpose other than purchasing products and using services provided by Jane Ellen. For example, scraping data, distributing malicious software, or exploiting system vulnerabilities is strictly prohibited.

3.4 Right to Deny Service

Jane Ellen reserves the right to deny access to the Platform or terminate any account at its sole discretion if a user is found to have violated these Terms or applicable laws.
Examples of reasons for denial of service include, but are not limited to:
Fraudulent activity.
Violation of the eligibility requirements outlined in this section.
Abusive or threatening behavior towards Jane Ellen staff or other users.

3.5 Compliance with Laws

By using the Platform, you agree to comply with all applicable federal, state, and local laws in the United States, including but not limited to:
Laws governing online transactions, payments, and consumer protection.
Any restrictions on the purchase or sale of diamonds in your jurisdiction.
You are solely responsible for ensuring that your use of the Platform is lawful in your jurisdiction.

4. Description of Services

Jane Ellen provides a range of services and products related to diamonds and jewelry. This section outlines the details of the services offered, their scope, and any relevant limitations.

4.1 Services Provided

The Platform offers the following services to users:

Diamond Sales:

A wide selection of natural and lab-grown diamonds, available in various shapes, sizes, colors, and quality grades, with detailed specifications for each product.
Accompanied by certification from reputable grading organizations (e.g., GIA, IGI).

Custom Jewelry Design:

Services for designing and creating custom jewelry, including engagement rings, wedding bands, necklaces, and earrings.
Users can select specific diamond characteristics (e.g., carat, cut, clarity, color) and settings to create personalized pieces.

Diamond Certification and Verification:

Providing official documentation from gemological organizations to verify the quality and authenticity of diamonds.
Certificates detail essential diamond properties, such as carat weight, cut, color, and clarity.

Logistics and Delivery:

Secure and insured shipping services to ensure the safe delivery of diamonds and jewelry.
Tracking options to monitor the status of orders in real time.

Customer Support:

Dedicated support for inquiries about products, orders, and custom designs.
Assistance with diamond education, helping users understand specifications, certifications, and industry standards.

4.2 Product Descriptions and Accuracy

Detailed Product Listings:

Each diamond and jewelry product is accompanied by a detailed description, including carat weight, cut grade, clarity grade, color grade, and certification information.
Visual representations of products (e.g., images or videos) are included for reference but may vary slightly due to lighting, screen resolution, or other factors.

Commitment to Accuracy:

Jane Ellen strives to provide accurate and up-to-date information about all products and services. However, minor discrepancies (e.g., natural imperfections in diamonds) may occur.
If significant errors are identified in a product description or price, Jane Ellen reserves the right to correct them and notify the user before proceeding with an order.

4.3 Service Limitations

Jane Ellen aims to provide the best possible experience but acknowledges the following limitations:

Availability:

Certain products or services may be unavailable due to limited inventory, geographic restrictions, or other unforeseen circumstances.
Custom orders may have extended production times, which will be communicated to the user during the ordering process.

Geographic Restrictions:

Currently, Jane Ellen only ships to specific locations within the United States. International delivery may not be available at this time.

Natural Variations:

Diamonds are natural products and may have slight variations or imperfections that are part of their inherent characteristics. Such variations do not constitute defects.

Third-Party Dependencies:

Certain aspects of services, such as shipping and certification, involve third-party providers. While Jane Ellen works with trusted partners, the company is not liable for delays or errors caused by these third parties.

4.4 Modifications to Services

Jane Ellen reserves the right to modify, suspend, or discontinue any of its services at its sole discretion, with or without prior notice to users.
Examples of potential modifications include:
Updates to the product catalog (e.g., adding or removing specific diamond types or designs).
Changes in pricing, shipping policies, or availability.

4.5 User Responsibilities

When utilizing the services provided by Jane Ellen, users agree to the following:

Accurate Orders:

Users must ensure that all information provided during the ordering process (e.g., ring size, shipping address) is accurate and complete.

Custom Orders:

For custom jewelry, users acknowledge that production timelines may vary and that modifications after order confirmation may not be possible.

Timely Communication:

Users are responsible for responding promptly to any requests for additional information or clarification (e.g., design approvals, payment confirmations).

5. User Responsibilities

As a user of the Jane Ellen platform, you agree to adhere to the following responsibilities to ensure compliance with these Terms and maintain the integrity and security of the services provided.

5.1 Account Security

You are responsible for maintaining the confidentiality of your account credentials (e.g., username, password) and ensuring that your account is not accessed by unauthorized individuals.
You agree to:

Notify Jane Ellen immediately if you suspect any unauthorized use of your account or a breach of security.
Take reasonable steps to safeguard your account information, such as using a strong password and not sharing your credentials with others.

Jane Ellen is not liable for any losses or damages arising from your failure to secure your account.

5.2 Accurate Information

You are required to provide complete, accurate, and up-to-date information when:

Registering an account on the Platform.
Placing orders for diamonds or related products/services.
Submitting payment and shipping details.

You are solely responsible for ensuring that the information provided is correct. Providing false or misleading information may result in:
Order delays or cancellations.
Account suspension or termination.

5.3 Compliance with Laws and Regulations

By using the Platform, you agree to comply with all applicable federal, state, and local laws in the United States, including but not limited to:

Laws governing online transactions, payments, and consumer protection.
Regulations related to the purchase, ownership, and resell of diamonds.
Prohibitions against fraudulent or illegal activities, such as money laundering, identity theft, or unauthorized reselling of products.

If you are accessing the Platform from outside the United States, you are solely responsible for ensuring compliance with the laws of your jurisdiction.

5.4 Proper Use of the Platform

You agree to use the Platform only for lawful purposes and in accordance with these Terms. Prohibited activities include, but are not limited to:

Fraudulent Behavior:

Submitting false orders, using stolen payment methods, or impersonating another person or entity.

Unauthorized Access:

Attempting to gain unauthorized access to the Platform’s systems, databases, or other users’ accounts.

Data Manipulation and Exploitation:

Scraping, extracting, or collecting data from the Platform without prior written authorization from Jane Ellen.

Harmful Activities:

Uploading or distributing malicious software, viruses, or other harmful content that may damage the Platform or disrupt its functionality.

Improper Use of Products:

Using purchased diamonds or services for illegal activities, such as fraud or other criminal enterprises.

5.5 Financial Responsibility

By placing an order on the Platform, you confirm that:

You are authorized to use the payment method provided.
You have sufficient funds or credit available to complete the transaction.

You are responsible for any fees, taxes, or additional charges incurred in connection with your purchase, including but not limited to:
State and local sales taxes.
Import/export fees (if applicable).

5.6 Timely Communication

You agree to respond promptly to any requests from Jane Ellen, including but not limited to:

Confirmations of custom designs or order specifications.
Updates regarding shipping or delivery instructions.
Requests for additional verification or documentation (e.g., identity verification for high-value transactions).

Failure to provide timely responses may result in order delays, cancellations, or account suspension.

5.7 Responsibility for Custom Orders

For custom jewelry orders, you acknowledge and agree to the following:

Custom designs are created based on your specifications, and once confirmed, changes may not be possible.
Production and delivery timelines may vary based on the complexity of the design and material availability.
Refunds or cancellations for custom orders may be subject to limitations as outlined in the Return and Refund Policy.

5.8 Indemnification

You agree to indemnify, defend, and hold harmless Jane Ellen, its affiliates, employees, and partners from and against any claims, damages, losses, or expenses (including attorney fees) arising out of or related to:

Your violation of these Terms.
Your misuse of the Platform, products, or services.
Your breach of any applicable laws or regulations.

6. Payment and Refund Policy

This section outlines the payment terms, accepted methods, and refund policies applicable to all purchases made on the Jane Ellen platform.

6.1 Pricing and Taxes

Product Pricing:

All prices listed on the Platform are in U.S. Dollars (USD) and are subject to change without prior notice.
Prices displayed at the time of purchase are final, except in cases of typographical errors or technical issues.

Taxes and Fees:

Prices may exclude applicable sales tax, shipping fees, or other charges. Any additional charges will be clearly displayed during the checkout process.
Users are responsible for all applicable taxes (e.g., state, local, or federal taxes) based on their shipping address.

International Fees:

For users outside the United States (if applicable), import duties, customs fees, or other charges may apply. These fees are the responsibility of the user.

6.2 Accepted Payment Methods

Jane Ellen accepts the following payment methods:

Credit and Debit Cards:

Visa, MasterCard, American Express, and Discover.

Third-Party Payment Platforms:

PayPal, Apple Pay, Google Pay, or other supported platforms.

Bank Transfers:

For high-value transactions, bank transfers may be required.
All bank transfer fees are the responsibility of the user.

Financing Options (if available):

Certain purchases may qualify for financing plans offered by third-party providers. These financing terms are governed by the respective provider and are subject to approval.

6.3 Payment Terms

Authorization:

By placing an order, you authorize Jane Ellen or its payment processor to charge the payment method provided for the full amount, including applicable taxes and fees.

Full Payment Requirement:

Payment must be received in full before orders are processed or shipped.
For custom orders, a non-refundable deposit may be required before production begins.

Failed Payments:

If your payment is declined or fails for any reason, your order will not be processed. You may need to provide an alternative payment method to complete the transaction.

Currency:

All transactions are conducted in USD. Any currency conversion fees charged by your payment provider are your responsibility.

6.4 Refund Policy

Jane Ellen offers refunds under the following terms and conditions:

6.4.1 Refund Eligibility

Refunds are available for eligible items under the following conditions:

Standard Products:

Unused and undamaged items can be returned for a full refund within 30 days of delivery.
Products must be in their original packaging and include all documentation (e.g., diamond certificates).

Custom Orders:

Custom jewelry orders are non-refundable, except in cases of manufacturing defects or errors made by Jane Ellen.
Any exceptions to this policy will be evaluated on a case-by-case basis.

Shipping Fees:

Shipping fees are non-refundable, except in cases where the return is due to an error or defect attributable to Jane Ellen.

6.4.2 Refund Process

To request a refund, you must follow these steps:

Contact Jane Ellen Customer Support via email or phone within the refund eligibility period.
Provide proof of purchase (e.g., order number, receipt) and explain the reason for the return.
For physical returns, ship the item back to the designated return address provided by Jane Ellen.

Users are responsible for return shipping costs unless the return is due to an error by Jane Ellen.

Once the returned item is received and inspected, the refund will be processed within 7-10 business days.

6.4.3 Non-Refundable Items

The following items are not eligible for refunds:

Items damaged due to misuse, negligence, or unauthorized modifications.
Custom or personalized jewelry, unless defective.
Products without their original documentation, such as diamond grading certificates.

6.5 Cancellation Policy

Order Cancellations by User:

Standard orders may be canceled within 24 hours of purchase for a full refund.
Custom orders cannot be canceled once production has begun.

Order Cancellations by Jane Ellen:

Jane Ellen reserves the right to cancel orders due to:
Payment issues (e.g., declined or unauthorized transactions).
Errors in product pricing or availability.
Violation of these Terms by the user.
In such cases, users will receive a full refund.

6.6 Late Payments and Penalties

Payment Deadlines:

Users must complete any agreed-upon payments (e.g., for financing plans) within the specified deadlines.

Penalties for Late Payments:

Late payments may incur additional fees or interest as specified during the payment process.
Failure to resolve overdue payments may result in order cancellation or legal action.

6.7 Disputes and Chargebacks

Dispute Resolution:

If you believe a charge is incorrect, contact Jane Ellen Customer Support immediately to resolve the issue.

Chargebacks:

Users agree to attempt resolution directly with Jane Ellen before initiating a chargeback with their payment provider.
Unauthorized or fraudulent chargebacks may result in account suspension or legal action.

7. Shipping and Delivery

This section outlines the terms and policies regarding the shipping, delivery, and handling of products purchased from Jane Ellen. By placing an order, you agree to the following terms.

7.1 Shipping Areas

Domestic Shipping:

Jane Ellen ships products within the United States, excluding certain restricted areas.
Availability of shipping services may vary based on your location and the nature of the product.

International Shipping:

Currently, Jane Ellen does not offer international shipping.
If international shipping becomes available, additional terms, including customs duties and fees, will apply.

7.2 Shipping Methods and Fees

Shipping Options:

Jane Ellen offers various shipping methods, including:
Standard Shipping (3-7 business days).
Expedited Shipping (2-3 business days).
Overnight Shipping (1 business day).
Shipping times are estimates and do not include order processing time.

Shipping Costs:

Shipping fees are calculated based on the total order value, weight, and destination. These fees will be displayed during the checkout process.
Orders exceeding a certain value (e.g., $5,000) may qualify for free standard shipping.

Insurance:

All shipments with a value exceeding $1,000 are insured by Jane Ellen to cover loss or damage during transit.

7.3 Processing Times

Standard Orders:

Orders are typically processed within 1-3 business days after payment is received and verified.

Custom Orders:

Custom jewelry orders require additional processing time, which will be communicated to you during the design and production phase.

Delays:

In cases of high order volume, natural disasters, or other unforeseen circumstances, processing times may be extended. Jane Ellen will notify users of any significant delays.

7.4 Delivery Terms

Delivery Timeframes:

Delivery times depend on the shipping method selected and the destination address. Estimated delivery dates will be provided at checkout.

Signature Requirement:

For high-value shipments (e.g., orders over $1,000), a signature may be required upon delivery to ensure safe receipt.

Failed Deliveries:

If delivery fails due to an incorrect address provided by the user or the absence of a recipient, the user will be responsible for any additional shipping fees incurred for re-delivery.

7.5 Risk of Loss

Transfer of Risk:

The risk of loss or damage to the product passes to the user once the product is delivered to the specified address and signed for (if applicable).

Damaged Shipments:

If a package arrives damaged, you must notify Jane Ellen Customer Support within 48 hours of delivery and provide photographic evidence of the damage.
Jane Ellen will assist in filing a claim with the shipping carrier or arranging for a replacement, provided the guidelines for reporting are followed.

7.6 Lost or Missing Shipments

Lost Shipments:

If a shipment is lost in transit, Jane Ellen will work with the shipping carrier to investigate the issue.
If the investigation confirms the shipment was lost, Jane Ellen will replace the product or issue a full refund to the user.

Tracking Information:

Users will receive tracking information via email once their order is shipped. It is the user’s responsibility to monitor the shipment’s progress.

7.7 International Customs and Duties (if applicable)

Customs Clearance:

For any future international shipping, the recipient will be responsible for all customs duties, taxes, and clearance fees.
Delays caused by customs clearance are beyond Jane Ellen’s control.

Prohibited Destinations:

Certain countries or regions may be restricted due to legal or logistical issues. Jane Ellen reserves the right to cancel orders shipping to these destinations.

7.8 Shipping Exceptions and Limitations

Weather and Natural Disasters:

Jane Ellen is not responsible for delays caused by weather, natural disasters, or other events beyond the company’s control.

Restricted Items:

Certain items may be subject to specific shipping restrictions (e.g., hazardous materials). Restrictions will be noted on the product page if applicable.

7.9 User Responsibilities

Accurate Shipping Information:

Users are responsible for providing accurate and complete shipping information at the time of purchase.

Receiving the Shipment:

Users must ensure they are available to receive the shipment or authorize someone else to do so.

Unclaimed Packages:

If a package is returned to Jane Ellen due to the user’s failure to claim it, the user will be responsible for paying any additional shipping fees for re-delivery.

7.10 Contact Support for Shipping Issues

If you encounter any issues with your shipment, please contact Jane Ellen Customer Support immediately. Provide your order number, tracking information, and a detailed description of the issue.
Customer Support Email: [[email protected]]Customer Support Phone: [1-800-555-1234]

8. Intellectual Property

This section outlines the ownership, usage rights, and restrictions related to the intellectual property of Jane Ellen and its Platform.

8.1 Ownership of Intellectual Property

Platform Content:

All content provided on the Jane Ellen Platform, including but not limited to text, graphics, logos, images, product descriptions, videos, software, audio files, and designs, is the exclusive property of Jane Ellen or its licensors.
This content is protected by U.S. and international copyright, trademark, and other intellectual property laws.

Trademarks:

The name “Jane Ellen,” its logo, and any other branding elements (e.g., product names, slogans, or designs) displayed on the Platform are trademarks or registered trademarks owned by Jane Ellen.
Unauthorized use of these trademarks is strictly prohibited.

8.2 User License

Limited License:

Jane Ellen grants users a non-exclusive, non-transferable, revocable license to access and use the Platform for personal, non-commercial purposes.
This license does not include the right to:
Modify, reproduce, distribute, or publicly display content from the Platform.
Use content for commercial purposes without prior written consent from Jane Ellen.

Prohibited Use:

Users are prohibited from:
Copying, redistributing, or exploiting any intellectual property without authorization.
Using automated systems (e.g., bots, scrapers) to extract data or content from the Platform.
Reverse engineering, decompiling, or attempting to extract the source code of any software used on the Platform.

8.3 User-Generated Content

Ownership of User Content:

If users submit any content to the Platform (e.g., reviews, comments, photos, or feedback), they retain ownership of their content but grant Jane Ellen a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media.

Restrictions on User Content:

Users may not submit content that:
Violates the intellectual property rights of others.
Contains defamatory, offensive, or illegal material.
Is misleading, fraudulent, or designed to harm the reputation of Jane Ellen or its affiliates.

Content Moderation:

Jane Ellen reserves the right to review, edit, or remove user-generated content that violates these Terms or is deemed inappropriate.

8.4 Third-Party Intellectual Property

Third-Party Materials:

The Platform may include content, trademarks, or other intellectual property owned by third parties (e.g., diamond certification organizations such as GIA or IGI).
Such content is provided for reference purposes only and remains the property of the respective third parties.

No Endorsement:

The inclusion of third-party intellectual property does not imply endorsement or affiliation with Jane Ellen, unless explicitly stated.

8.5 Violations and Enforcement

Reporting Violations:

If you believe that your intellectual property rights have been violated by content on the Jane Ellen Platform, please contact us immediately at:
Email: [[email protected]]Phone: [1-800-555-1234]Address: [Jane Ellen Legal Department, Address Line 1, City, State, ZIP Code]Provide a detailed description of the alleged infringement, including:
Your contact information.
A description of the intellectual property and proof of ownership.
The location (e.g., URL) of the infringing content.

Enforcement Actions:

Jane Ellen reserves the right to take legal action against users or third parties who violate its intellectual property rights.
Violations may result in account suspension, removal of infringing content, or legal proceedings.

8.6 Reservation of Rights

All rights not expressly granted in these Terms are reserved by Jane Ellen.
The failure of Jane Ellen to enforce any of its intellectual property rights under these Terms shall not constitute a waiver of such rights.

9. Limitation of Liability

This section outlines the limitations of liability applicable to the use of the Jane Ellen platform, products, and services. By accessing or using the platform, you acknowledge and agree to the following terms.

9.1 General Disclaimer

The use of the Jane Ellen platform, including browsing, purchasing products, and utilizing services, is at your own risk.
While Jane Ellen strives to provide accurate product descriptions, secure transactions, and high-quality services, the platform is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, either express or implied.

9.2 No Guarantee of Results

Jane Ellen makes no guarantees about:

The suitability, quality, or performance of any product or service for your specific needs.
The accuracy, reliability, or timeliness of information provided on the platform.
The uninterrupted or error-free operation of the platform.

9.3 Limitation of Direct Damages

To the fullest extent permitted by law, Jane Ellen and its affiliates, employees, officers, directors, agents, and licensors shall not be liable for direct damages exceeding the total amount you paid to Jane Ellen in connection with the specific transaction that gave rise to the claim.
If no payment was made for the use of the platform, Jane Ellen’s liability is limited to $100 USD.

9.4 Exclusion of Indirect Damages

Jane Ellen is not liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to:

The use or inability to use the platform, products, or services.
Loss of revenue, profits, or data.
Damage to reputation or goodwill.
Technical failures, system errors, or security breaches.

These exclusions apply even if Jane Ellen has been advised of the possibility of such damages.

9.5 Exceptions to Limitations

Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply in your jurisdiction, parts of this section may not apply to you.
However, in such cases, Jane Ellen’s liability shall be limited to the fullest extent permitted by applicable law.

9.6 Third-Party Services and Content

The platform may include links to third-party websites, services, or content. Jane Ellen does not control or endorse these third parties and is not responsible for:

The accuracy or availability of third-party content.
Any damages or losses arising from your use of third-party services.

9.7 User Responsibilities

Users are solely responsible for:

Ensuring the accuracy of information provided during transactions.
Proper care and maintenance of purchased products after delivery.
Compliance with applicable laws and regulations.

Any damage or loss resulting from your own negligence or misuse of the platform or products is your sole responsibility.

9.8 Force Majeure

Jane Ellen is not liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to:
Acts of God (e.g., natural disasters).
Government actions or restrictions.
Labor disputes or strikes.
Internet outages or technical failures.
War, terrorism, or other unforeseen circumstances.

9.9 Indemnification

You agree to indemnify and hold harmless Jane Ellen, its affiliates, employees, officers, and agents from any claims, losses, damages, or expenses (including reasonable attorney fees) arising out of or related to:

Your violation of these Terms.
Your misuse of the platform or its services.
Your infringement of any third-party rights, including intellectual property rights.

9.10 Basis of the Bargain

You acknowledge that the disclaimers and limitations of liability set forth in this section are an essential basis of the agreement between you and Jane Ellen. Without these limitations, Jane Ellen would not be able to provide access to its platform or services at current prices.

10. Termination

This section explains the rights and procedures for terminating access to the Jane Ellen platform, including the actions that may result in termination and the consequences for both the user and Jane Ellen.

10.1 Termination by User

Voluntary Account Termination:

You may terminate your account at any time by contacting Jane Ellen Customer Support at [[email protected]] or through the account settings page (if applicable).
Upon termination, your account will be deactivated, and you will no longer have access to the platform’s services. Any pending transactions or obligations must still be fulfilled.

Effect of Termination:

Termination of your account does not relieve you of any obligations incurred prior to the effective date of termination, including payment of outstanding balances or compliance with these Terms.

10.2 Termination by Jane Ellen

Jane Ellen reserves the right to suspend or terminate your account, access to the platform, or services at its sole discretion, with or without notice, under the following circumstances:

Violation of Terms:

If you breach any provision of these Terms or engage in prohibited activities (e.g., fraudulent behavior, misuse of the platform).

Non-Payment:

If you fail to pay for products or services purchased through the platform.

Fraudulent Activity:

If fraudulent, deceptive, or illegal activity is detected in connection with your account.

Abuse or Harassment:

If you engage in abusive, harmful, or harassing behavior toward Jane Ellen staff, other users, or third parties.

Legal or Regulatory Requirements:

If required by applicable laws, regulations, or court orders.

10.3 Effect of Termination by Jane Ellen

Loss of Access:

Upon termination, your access to the platform and any associated services will be revoked immediately.
Any pending orders may be canceled, at Jane Ellen’s discretion, and refunds (if applicable) will be processed in accordance with the Refund Policy.

Forfeiture of Rights:

Termination may result in the forfeiture of any rights granted to you under these Terms, including the limited license to use the platform.

Outstanding Obligations:

You remain responsible for fulfilling any outstanding obligations, including payment of balances due or returning any property of Jane Ellen in your possession.

10.4 Suspension of Services

Temporary Suspension:

In lieu of terminating your account, Jane Ellen may temporarily suspend your access to the platform or specific services if:
Payment issues arise that can be resolved.
Further investigation is required into suspected violations of these Terms.
During suspension, you may be restricted from accessing certain features or placing new orders.

Reinstatement:

Accounts suspended for minor violations or administrative reasons may be reinstated upon resolution of the issue, at Jane Ellen’s sole discretion.

10.5 Survival of Terms

Certain provisions of these Terms will survive termination of your account, including but not limited to:

Payment Obligations: Any outstanding payments or fees owed to Jane Ellen.
Intellectual Property: Restrictions on the use of Jane Ellen’s intellectual property.
Limitation of Liability: The limitations and disclaimers outlined in Section 9.
Indemnification: Your obligation to indemnify Jane Ellen for any losses or damages resulting from your actions.

10.6 No Liability for Termination

Jane Ellen is not liable to you or any third party for:

Terminating your account or access to the platform.
Cancelling pending orders or services due to violations of these Terms.

11. Governing Law and Dispute Resolution

This section outlines the laws that govern these Terms and the procedures for resolving disputes between you and Jane Ellen.

11.1 Governing Law

These Terms, and any disputes or claims arising out of or related to your use of the Jane Ellen platform, products, or services, will be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law principles.
If you are accessing the platform from outside the United States, you are responsible for complying with any local laws that may apply to your use of the platform.

11.2 Agreement to Arbitration

By using the Jane Ellen platform, you agree that any disputes or claims arising out of or related to these Terms, your use of the platform, or your purchase of products or services will be resolved exclusively through binding arbitration, as described below, rather than in court, except for matters that qualify for small claims court.

11.3 Arbitration Procedures

Arbitration Rules:

Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.

Arbitration Location:

The arbitration will take place in [Your City, State], or, if you prefer, remotely via video conference or another mutually agreed-upon method.

Arbitrator’s Authority:

The arbitrator will have exclusive authority to resolve all disputes, including issues related to the interpretation, enforceability, or scope of these Terms.
The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.4 Class Action Waiver

You agree that all disputes will be resolved on an individual basis and not as part of a class, collective, or representative action.
By agreeing to these Terms, you waive your right to participate in a class action lawsuit or class-wide arbitration against Jane Ellen.

11.5 Exceptions to Arbitration

The following disputes are excluded from the arbitration agreement:

Intellectual Property Claims:

Disputes related to the infringement or misappropriation of intellectual property rights may be brought directly in court.

Small Claims Court:

Either party may bring claims in small claims court if they qualify under that court’s jurisdictional limits.

11.6 Informal Dispute Resolution

Before initiating arbitration or other legal action, you agree to contact Jane Ellen Customer Support to attempt to resolve the issue informally.
You can reach Customer Support at [[email protected]] or by calling [1-800-555-1234].
Both parties will make a good faith effort to resolve the dispute within 30 days of the initial contact.

11.7 Costs of Arbitration

Jane Ellen will pay all filing, administrative, and arbitrator fees for any arbitration initiated in accordance with these Terms, unless the arbitrator determines that your claim is frivolous or brought in bad faith.
Each party is responsible for their own legal fees and expenses, unless otherwise awarded by the arbitrator.

11.8 Severability

If any provision of this Section is found to be unenforceable, the remaining provisions will remain in full force and effect.
If the class action waiver is found to be unenforceable, the arbitration agreement will be void, and disputes will be resolved in a court of competent jurisdiction.

11.9 Jurisdiction for Non-Arbitration Claims

For any disputes that are not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in [Your City, State], and waive any objections to venue or jurisdiction in those courts.