Terms of Service and
Conditions of Sale

These Terms of Service and Conditions of Sale (“Terms”)
govern your use of the www.jaztyle.com website (“Site”) and any purchase you
make over the Site. The Site is provided by Jaztyle LLC, Throughout
the site, the terms “we”, “us” and “our” refer to Jaztyle LLC.

THESE TERMS, ALONG WITH OUR PRIVACY POLICY, CONSTITUTE A
BINDING AGREEMENT.  BY USING THE SITE OR
MAKING A PURCHASE, YOU ARE AGREEING TO THESE TERMS AND OUR PRIVACY POLICY.
PLEASE READ THEM CAREFULLY.  THIS
AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE
YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE
IN A CLASS ACTION.

Section 1 - Eligibility

You must be at least 13 years old to use the Site. If you
are under the age of majority in your state of residence, your parent or legal
guardian must read and agree to these Terms on your behalf and you may only
access and use the Site with permission from your parent or legal guardian.

Section 2 - Acceptable Use

You are responsible for your use of the Site. Our goal is to
create a positive user experience. To promote this goal, we prohibit certain
kinds of conduct that may be harmful to other users or to us. When you use the
Site, you may not:

Violate any law or regulation.

Violate, infringe, or misappropriate other people’s
intellectual property, privacy, publicity, or other legal rights.

Post or share anything that is illegal, abusive, harassing,
harmful to reputation, pornographic, indecent, profane, obscene, hateful,
racist, or otherwise objectionable.

Send unsolicited or unauthorized advertising or commercial
communications, such as spam.

Engage in spidering or harvesting, or participate in the use
of software, including spyware, designed to collect data from the Site.

Transmit any viruses or other computer instructions or
technological means whose purpose is to disrupt, damage, or interfere with the
use of computers or related systems.

Stalk, harass, or harm another individual.

Impersonate any person or entity or perform any other
similar fraudulent activity, such as phishing.

Use any means to scrape or crawl any Web pages contained in
the Site.

Attempt to circumvent any technological measure implemented
by us or any of our providers or any other third party (including another user)
to protect the Site.

Attempt to decipher, decompile, disassemble, or reverse
engineer any of the software or other underlying code used to provide the Site;
or

advocate, encourage, or assist any third party in doing any
of the foregoing.

Section 3 - User Content

The Site may allow you to upload, submit, store, send, or
receive content and data (“User Content”). You retain ownership of any
intellectual property rights that you hold in that User Content. When you
upload, submit, store, send, or receive User Content to or through the Site,
you give us permission to reproduce and use your User Content as follows: you
grant to us and those we work with a royalty-free, worldwide license to use,
host, store, reproduce, modify, create derivative works from, publicly perform,
publicly display, and distribute your User Content. Our license to your User
Content is non-exclusive, meaning you may use the User Content for your own
purposes or let others use your User Content for their purposes. This license is
royalty free, meaning we do not owe you anything in connection with our use of
your User Content. We may exercise our rights under this license anywhere in
the world. Lastly, this license is perpetual, meaning that our rights under
this license continue even after you stop using the Site. In general, however,
we will only need to use your User Content for as long as you choose to store
it with us using the Site.

You promise that:

You own all rights to your User Content or, alternatively,
that you have the right to give us the rights described above; and

Your User Content does not infringe the intellectual
property rights, privacy rights, publicity rights, or other legal rights of any
third party.

We may refuse to accept or transmit User Content for any reason.
We may remove User Content from the Site for any reason.

Section 4 – Ownership

We own or license all right, title, and interest in and to
(i) the Site, including all software, text, media, and other content available
on the Site (“Our Content”); and (ii) our trademarks, logos, and brand elements
(“Marks”). The Site, Our Content, and Marks are all protected under U.S. and
international laws.

Section 5 - Privacy

Your privacy is very important to us. Our Privacy Policy,
which is incorporated into this Agreement, explains how we collect, use,
protect, and when we share personal information and other data with others.

Section 6 - Links

The Site may contain links to other websites and online
resources. A link to a third party’s website does not mean that we endorse it
or that we are affiliated with it. We are not responsible or liable for any
damage or loss related to the use of any third-party website. You should always
read the terms and conditions and privacy policy of a third-party website
before using it.

Section 7 - Changes to the Site

We enhance and update the Site often. We may change or
discontinue the Site at any time, with or without notice or liability to you.

Section 8 – Order Placement and Acceptance

If you place an order, payment must be received by us before
your order is accepted.  We may require
additional information regarding your order if any required information was
missing or inaccurate and may cancel or limit an order after it has been placed
if you have failed to provide accurate or complete information, there are
subsequent issues with your payment, or there are subsequent issues with our
vendors who fulfill orders placed over the Site.

Once we receive your authorized order and a verified form of
payment has been received, we will promptly place your order in line for custom
creation, printing, and shipment or delivery. 
We will notify you if, for any reason, delivery of your order is delayed.

We do not accept orders from dealers, wholesalers, or
customers who are resellers.

Section 9 – Shipping

We offer free ground shipping to addresses in the
continental United States.  If you would
like your order delivered on an expedited basis, we charge a fee. Once your
order is ready for shipment, you will receive an e-mail with a tracking number.  Although we may provide delivery or shipment
timeframes or dates, such dates are good faith estimates and are subject to
change. We shall not be liable for any loss, damage, cost, or expense related
to any delay in shipment or delivery caused by any third-party carrier or other
delivery service not owned or controlled by us. 
The risk of loss and title for such items pass to you upon our delivery
to any third-party carrier.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through
the Site is governed by our Privacy Policy. 

Section 11 - Termination

We reserve the right to not provide the Site or sell to any
person. We also reserve the right to terminate any user’s right to access the
Site at any time, at our discretion. If you violate any of these Terms, your
permission to use the Site automatically terminates.  Sections 12 through 15 below, and all
representations made by you, survive termination.

Section 12 - Disclaimer and Limitations on Our Liability

We do not guarantee, represent or warrant that your use of
our Site will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be
obtained from the use of the Site will be accurate or reliable.

You agree that from time to time we may remove the
Site for indefinite periods of time or cancel the Site at any time, without
notice to you.

You expressly agree that your use of, or inability
to use, the Site is at your sole risk. The Site and all products and Services
delivered to you through the Site are (except as expressly stated by us)
provided 'as is' and 'as available' for your use, without any representation,
warranties or conditions of any kind, either express or implied, including all
implied warranties or conditions of merchantability, merchantable quality,
fitness for a particular purpose, durability, title, and non-infringement.

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW,
INCLUDING THE STATE OF NEW JERSEY, YOU USE THE SITE AT YOUR OWN RISK. THE SITE
IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS OFFICERS, EMPLOYEES,
DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND
LICENSORS DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND,
WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS
WELL AS THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR
OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM
DOING SO.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT WILL OUR COMPANY, ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS,
SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
(INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR
RELATING TO THE SITE OR PRODUCTS PURCHASED OVER THE SITE, HOWEVER CAUSED, AND
UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER
ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.

IF, NOTWITHSTANDING THE LIMITATION OF LIABILITY SET FORTH
ABOVE, WE ARE FOUND LIABLE UNDER ANY THEORY, OUR MAXIMUM LIABILITY TO YOU AND
YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO THE LESSER OF USD $500 OR THE TOTAL
AMOUNT OF MONEY YOU PAID TO US OVER A 1-YEAR PERIOD.

Some jurisdictions, including the State of New Jersey, do
not allow the exclusion of certain warranties or the limitation or exclusion of
liability for incidental or consequential damages. Accordingly, some of the
above limitations and disclaimers may not apply to you. To the extent we may
not, as a matter of applicable law, disclaim any implied warranty or limit our
liabilities, the scope and duration of such warranty and the extent of our
liability will be the minimum permitted under such law.

Section 13 - Indemnification

To the fullest extent permitted by law, you agree to
indemnify and hold harmless Jaztyle LLC and its officers, employees,
directors, shareholders, parents, subsidiaries, affiliates, agents, and
licensors from and against any and all claims, costs, proceedings, demands,
losses, damages, and expenses (including, without limitation, reasonable
attorney’s fees and legal costs) of any kind or nature, arising from or
relating to, any actual or alleged breach of these Terms by you or anyone using
your account, or any actual or alleged breach of any representation by you. If
we assume the defense of such a matter, you will reasonably cooperate with us
in such defense.

Section 14 – MANDATORY ARBITRATION AGREEMENT AND CLASS
ACTION WAIVER

PLEASE READ THIS PROVISION CAREFULLY TO UNDERSTAND YOUR
RIGHTS.  EXCEPT WHERE PROHIBITED BY LAW,
YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE MUST BE RESOLVED THROUGH FINAL AND
BINDING CONFIDENTIAL ARBITRATION.  YOU
ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR
JUDGE. YOU ALSO AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL
CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 
YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDTE PROCEEDINGS OR
CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS
PROCEEDING.

All disputes, controversies, or claims between you and Jaztyle
LLC, its officers, directors, or employees arising out of, relating to, or
connected in any way to these Terms, the Privacy Policy, the Site, your
purchase, our relationship, or the scope or applicability of this agreement to
arbitrate, shall be resolved exclusively by final and binding confidential
arbitration administered by JAMS and conducted before a sole arbitrator in
accordance with the rules of JAMS.  This
arbitration agreement is made pursuant to a transaction involving interstate
commerce, sets forth the terms and conditions of our agreement to final and
binding confidential arbitration, and shall be governed by and enforceable
under the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16, as amended. The
arbitration shall be held in Miami, Florida and, if the controversy involves
less than $500, the arbitration may be conducted by telephone or by written
submission. The arbitrator’s decision shall be controlled by these Terms and
any of the other agreements referenced herein that the applicable user may have
entered into in connection with the Site. The arbitrator shall apply Florida
law, exclusive of its conflicts of law rules, consistent with the FAA and
applicable statutes of limitations, and shall honor claims of privilege
recognized at law.  The arbitrator shall
have the exclusive and sole authority to determine whether any dispute is
arbitrable. The arbitrator shall have the exclusive and sole authority to
determine whether this arbitration agreement can be enforced against a
non-signatory to this agreement and whether any non-signatory to this agreement
can enforce this provision against you or us. Claims shall be arbitrated on an
individual, non-class, and non-representative basis. You and the Company hereby
expressly agree not to bring or join any class claims or representative claims
against the other. The arbitrator shall not consolidate or join the claims of
other persons or parties who may be similarly situated. The arbitrator shall
not have the power to award punitive damages against you or the Company, its
officers, directors, or employees. In the event that the administrative fees
and deposits that must be paid to initiate arbitration against the Company, its
officers, directors, or employees exceed $125.00 USD, and you are unable (or
not required under the rules of JAMS) to pay any fees and deposits that exceed
this amount, Jaztyle LLC agrees to pay them and/or forward them on your
behalf, subject to ultimate allocation by the arbitrator. In addition, if you
are able to demonstrate that the costs of arbitration will be prohibitive as
compared to the costs of litigation, Jaztyle LLC will pay as much of your
filing and hearing fees in connection with the arbitration as the arbitrator
deems necessary to prevent the arbitration from being cost-prohibitive.  For more information on JAMS and/or the rules
of JAMS, visit their website at www.jamsadr.com.

This provision survives termination of your account or
relationship with us, bankruptcy, assignment, or transfer.  If the class action waiver above is deemed
unenforceable (i.e., unenforceability would allow the arbitration to proceed as
a class or representative action), then this entire arbitration provision shall
be rendered null and void and shall not apply. 
If a portion of this arbitration provision (other than the class action
waiver) is deemed unenforceable, the remaining portions of this arbitration
provision shall remain in full force and effect.

As an exception to this arbitration provision, we may file a
lawsuit against you for injunctive relief in order to prevent or stop you from
infringing any of our intellectual property rights.  Such a suit shall be filed in the state or
federal courts located in Miami, Florida and you expressly consent to and
forever waive any challenge to the jurisdiction and venue of those courts.

YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION PROVISION
WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE A PRODUCT OR FIRST
ACCESS AND USE THE SITE (WHICHEVER COMES FIRST) BY WRITING TO US AT support@jaztyle.com.  FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT
A SIGNED WRITTEN NOTICE IDENTIFYING THE DATE OF PURCHASE ALONG WITH YOUR ORDER
NUMBER, OR THE DATE OF FIRST ACCESS AND USE OF THE WEBSITE, WITHIN THE THIRTY
(30) DAY PERIOD.  IF MORE THAN THIRTY
(30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND
YOU MUST PURSUE YOUR CLAIM THROUGH BINDING INDIVIDUAL ARBITRATION AS FORTH IN
THIS AGREEMENT.

Section 15 - Copyright Policy

All notices of claimed infringement under the Digital
Millennium Copyright Act should be sent to the Copyright Agent e-mail address
below and include the following information:

Your address, telephone number, and email address.

A description of the copyrighted work that you claim has
been infringed.

A description of where the alleged infringing material is
located.

A statement by you that you have a good faith belief that
the disputed use is not authorized by you, the copyright owner, its agent, or
the law.

An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest.

A statement by you, made under penalty of perjury, that the
above information is accurate and that you are the copyright owner or
authorized to act on behalf of the copyright owner.

Copyright Agent: dmca@jaztyle.com

For clarity, only copyright infringement notices should go
to our Copyright Agent. You acknowledge that if you fail to comply with all of
the requirements of this section your notice may not be valid.

Section 16 - Other Provisions

Under no circumstances will we be held liable for any delay
or failure in performance due in whole or in part to any acts of nature or
other causes beyond our reasonable control.

The laws of Florida, U.S.A., excluding Florida’s conflict of
laws rules, will apply to any disputes arising out of or relating to these
Terms, the Site, or our relationship.

If any provision of these Terms is found to be unlawful or
unenforceable, then that provision will be deemed severable from these Terms
and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these
Terms will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms,
including in connection with a merger, acquisition, sale of assets or equity,
or by operation of law.

SECTION 17 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site that
contains typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, 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 in the Service or on any related website is inaccurate at
any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or
clarify information in the Site or on any related website, including without
limitation, pricing information, except as required by law. No specified update
or refresh date applied in the Site or on any related website, should be taken
to indicate that all information in the Site or on any related website has been
modified or updated.

SECTION 18 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific
submissions (for example contest entries) or without a request from us, you
send creative ideas, suggestions, proposals, plans, or other materials, whether
online, by email, by postal mail, or otherwise (collectively, 'comments'), you
agree that we may, at any time, without restriction, edit, copy, publish,
distribute, translate and otherwise use in any medium any comments that you
forward to us. We are and shall be under no obligation (1) to maintain any
comments in confidence; (2) to pay compensation for any comments; or (3) to
respond to any comments.

We may, but have no obligation to, monitor, edit
or remove content that we determine in our sole discretion to be unlawful,
offensive, threatening, libelous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party’s intellectual property or these
Terms of Service.

You agree that your comments will not violate any
right of any third-party, including copyright, trademark, privacy, personality
or other personal or proprietary right. You further agree that your comments
will not contain libelous or otherwise unlawful, abusive or obscene material,
or contain any computer virus or other malware that could in any way affect the
operation of the Site or any related website. You may not use a false e‑mail
address, pretend to be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any comments. You are solely responsible for
any comments you make and their accuracy. We take no responsibility and assume
no liability for any comments posted by you or any third-party.

SECTION 19 - OPTIONAL TOOLS

We may provide you with access to third-party
tools over which we neither monitor nor have any control nor input.

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 shall
have no liability whatsoever arising from or relating to your use of optional
third-party tools.

Any use by you 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 of the terms on which tools are
provided by the relevant third-party provider(s).

We may also, in the future, offer new Services
and/or features through the Site (including the release of new tools and
resources). Such new features and/or Services shall also be subject to these
Terms of Service.

Section 20 - TEXT MARKETING AND NOTIFICATIONS

By consenting to jaztyle.com SMS marketing in the
checkout and initializing a purchase or subscribing via our subscription tools,
you agree to receive recurring text notifications (for your order, including
abandoned checkout reminders), text marketing offers, and transactional texts, including
requests for reviews from us, even if your mobile number is registered on any
state or federal do-not-call list. Message frequency varies. Consent is not a
condition of purchase. If you wish to unsubscribe from receiving text marketing
messages and notifications, reply with STOP to any mobile message sent from us
or use the unsubscribe link we provided you within any of our messages. You
understand and agree that alternative methods of opting out, such as using
alternative words or requests, will not be considered a reasonable means of
opting out. We do not charge for the service, but you are responsible for all
charges and fees associated with text messaging imposed by your wireless
provider. Message and data rates may apply. For any questions, please text HELP
to the number you received the messages from. You can also contact us at support@jaztyle.com for
more information. We have the right to modify any telephone number or short
code we use to operate the service at any time. You will be notified on such
occasions. You agree that any messages you send to a telephone number or short
code we have changed, including any STOP or HELP requests, may not be received,
and we will not be liable for honoring requests made in such messages. To the
extent permitted by applicable law, you agree that we will not be liable for
failed, delayed, or misdirected delivery of any information sent through the
service, any errors in such information, and/or any action you may or may not
take in reliance on the information or Service.

Section 21 - Changes to these Terms

From time to time, we may change these Terms. If we change
these Terms, we will give you notice by posting the revised Terms on the Site.
Those changes will go into effect on the Revision Date shown in the revised
Terms. By continuing to use the Site, you are agreeing to the revised Terms.

Please print a copy of these Terms for you records and
PLEASE check the Site frequently for any changes to these Terms.