- USE OF THE WEBSITE
You agree to access and use the Website only for lawful reasons. You are solely responsible for knowing and complying with any and all laws, statutes, rules and regulations pertaining to your use of the Website. You are prohibited from using the Website in a way that:
- is unlawful, threatening, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene, or that Tous Les Jours deems in its sole discretion to be inappropriate;
- violates any law, regulation, or court order;
- accesses, collects or stores personal information about others;
- violates or infringes the rights of anyone else, including, for example, another person’s right to privacy;
- impersonates any person, business, entity, or IP address (e.g., IP spoofing);
- involves uploading, posting, emailing, transmitting or otherwise making available any materials that you do not have a right to make available under any law;
- is commercial in nature, including, for example, advertising, promotional or marketing materials, or spam, phishing or other unsolicited messages;
- gains or tries to gain unauthorized access to the Website, its computers and networks, or its user data, or that otherwise modifies or interferes with the use or operation of the Website;
- imposes an unreasonable or disproportionately large data or communication load on Tous Les Jours’ or Tous Les Jours’ business partners’ infrastructure and systems, including but not limited to transmitting spam or using other unsolicited mass emailing techniques;
- alters, damages, or deletes any content posted on the Website;
- contains, shares or transmits computer viruses or other disruptive, damaging or harmful files or programs; or
III. LINKS TO THIRD PARTY WEBSITES
The Website may contain links to websites owned by other companies including, but not limited to, social media websites such as Facebook and Twitter. These links are provided solely as a convenience to you. If you use these links, you will be redirected to the respective external website. Tous Les Jours is not responsible for any of these third-party websites or their content. If you decide to access any of the third-party websites that are linked from the Website, you do so entirely at your own risk.
- LINKS TO WEBSITES OF TOUS LES JOURS’ AFFILIATES AND SUBSIDIARIES
Throughout the Website, Tous Les Jours will provide information about Tous Les Jours domestic and foreign affiliates and subsidiaries (“Affiliates”) and provide links to each of Affiliates’ website. Each of Affiliates is an independent legal entity. From time to time, the term “CJ” may be used to conveniently refer to a group of companies that are tied together by their corporate history. Therefore, please do not mistake the companies by their use of the similar name, CJ. In particular, Affiliates cannot accept or receive service of process on behalf of another. Affiliates are not legally liable for another unless specifically agreed to in writing to assume such liabilities. This Website does not establish any nexus between the Affiliates.
- FEEDBACK SUBMISSION
If you submit a comment, suggestion or any other material (“Feedback”) to Tous Les Jours (excluding any illegal content), you hereby assign all ownership in and to such Feedback to Tous Les Jours and acknowledge that we will be entitled to use and implement any such Feedback in accordance to the Privacy Notice. Tous Les Jours will have the right to use, copy, display, perform, distribute, modify and re-format Feedback in any manner in accordance to the Privacy Notice. By submitting Feedback, you represent and warrant to Tous Les Jours that you have all necessary rights in and to such Feedback and all information it contains and that such Feedback does not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
- OWNERSHIP OF INTELLECTUAL PROPERTY
VII. DISCLAIMERS AND LIMITATION OF LIABILITY
- Disclaimer of Liability
NEITHER TOUS LES JOURS, ITS BRANDS, AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES NOR CONTRACTORS (INCLUDING ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE OR THEIR CONTENT) SHALL BE LIABLE TO YOU OR ANY OTHER PARTY FOR (I) ANY IMPROPER OR INCORRECT USE OF THE INFORMATION DESCRIBED AND/OR CONTAINED HEREIN OR (II) ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) IN CONNECTION WITH THE WEBSITE, EVEN IF TOUS LES JOURS, ITS BRANDS, AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES OR CONTRACTORS ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ALL CLAIMS, DAMAGES, LIABILITY OR INJURIES, INCLUDING, WITHOUT LIMITATION, CLAIMS IN WARRANTY, CONTRACT AND TORT (SUCH AS NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE PARTICULAR LIMITATIONS MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, THE WEBSITE, INCLUDING THE CONTENT PROVIDED ON THE WEBSITE, ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- Disclaimer of Accuracy of Content
Tous Les Jours makes no warranties or representations as to the accuracy, completeness or timeliness of the content provided on the Website. Tous Les Jours assumes no liability or responsibility for any errors or omissions on the Website. No warranty, expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any content. This disclaimer applies to both isolated and aggregate uses of the content.
- No Waiver
VIII. APPLICABLE LAW
Any dispute arising out of your use of the Website or content from the Website shall be resolved according to the laws of the State of California, United States of America, without giving effect to that state’s principles of conflicts of laws. The federal and state courts in Los Angeles County, California shall have exclusive jurisdiction over all claims.
- INTERNET PRIVACY AND SECURITY
The Privacy Notice is available on the Website at www.tljus.com. This Privacy Notice may change from time to time, so review it with regularity and care. The Privacy Notice governs how the information that you provide to and the data from your use of the Website may be collected, used, disclosed and shared. By using the Website, you consent to this collection, use, disclosure and sharing as described in the Privacy Notice.
- CONTACT US
Effective Date: June 18, 2020
TOUS les JOURS Gift Card Terms and Conditions
The following Tous Les Jours (“TLJ”) Gift Card Terms and Conditions (“Agreement”) describes the terms and conditions that apply to the use of TLJ Gift Cards (“Cards”) issued in the United States. This Agreement is between you, the Cardholder, and TLJ. BY PURCHASING, ACCEPTING, OR USING YOUR CARD, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, DO NOT PURCHASE, USE, OR ACCEPT THE CARD.
THIS AGREEMENT INCLUDES THE RESOLUTION OF DISPUTES BY ARBITRATION. PLEASE REVIEW THE PROVISIONS REGARDING ARBITRATION BEFORE PURCHASING, USING, OR ACCEPTING THE CARD.
- TLJ reserves the right to change this Agreement from time to time in its sole discretion. Any changes to the Agreement will be provided to you by any reasonable means including, without limitation, by posting the revised version of this Agreement at www.tljus.com. YOUR CONTINUED USE OF THE AGREEMENT AFTER THE POSTING OF CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
- The Cards do not expire and no fees for inactivity will apply.
- A Card is redeemable at any TLJ store in the United States for purchases. The Cards may not be redeemed for cash except to the extent required by law and are not “rechargeable” (ie. more value cannot be added on the Card).
- NO REFUNDS ARE PERMITTED WITH RESPECT TO THE CARDS.
- The value of any lost, damaged, altered, or stolen Cards will not be replaced.
- TO THE FULLEST EXTENT OF THE LAW, TLJ AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN THE EVENT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT CARD.
- ARBITRATION – You and TLJ agree that any dispute, whether at law or equity, arising out of, or related to this Agreement or your use of the Card, regardless of the date of accrual of such dispute, will be resolved in its entirety by individual binding arbitration, except that you or TLJ may take claims to small claims court if they qualify for said court. You and TLJ agree that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated, or combined actions or arbitrations or proceedings as a private attorney general are not permitted. YOU AND TLJ WAIVE THE RIGHT TO TRIAL BY JURY. This agreement to arbitrate extends to claims asserted against other parties, including, without limitation, TLJ’s affiliates and related entities. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. This agreement to arbitrate will survive the termination of this Agreement. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate will still be considered valid and enforceable. If any of part of this agreement to arbitrate is deemed invalid or inapplicable, you and TLJ both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis. The parties will submit to final and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with AAA’s commercial arbitration rules. The arbitration will take place in Los Angeles, California. Judgment on any arbitration award may be entered in any court having proper jurisdiction. The prevailing party in any arbitration will be entitled to reasonable costs and attorneys’ fees.
- This Agreement will be governed by the laws of the State of California without reference to its conflict of laws rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue of the federal and state courts located in Los Angeles, California.
- The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal, or unenforceable, such provision will be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by TLJ, or alternatively, by disposition of an arbitrator or court of law. If such provisions cannot under any circumstances be so modified or restricted, they will be excised from the Agreement without affecting the validity, legality, or enforceability of any of the remaining provisions.
- TLJ reserves the right to refuse to honor a Card where TLJ suspects that the Card was obtained fraudulently.