Date of last revision: October 2023

If you are under the age of 13, we kindly ask that you get your parent(s) or guardian(s) to review this these Terms and to contact us with any questions at Sales@jojodesigns.com. We cannot collect or use your information without their approval.

Please read these Terms of Use carefully before accessing or using our Website.

You are reading these Terms because you are using Jojo Designs, LLC’s website, www.sweetjojodesigns.com (the “Website”) or are interacting with Jojo Designs’ social media platforms (or related applications), including Jojo Designs’ accounts on Facebook, Instagram, and Tiktok (collectively, “Social Media”). Jojo Designs, LLC (“we”, “us” and “our”), 4701 NW 103rd Avenue, Sunrise, Florida 33351, operates the Website and our Social Media accounts (and related applications) (to the extent not operated by others), and is responsible for your purchases of products, marketing and for all other processing in the context of the Website. You may access the Website and Social Media (and related applications) through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”. Your carrier's normal rates and fees apply to your Device.

Jojo Designs offers the Website and Social Media (and related applications), including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting the Website, interacting with our Social Media (or related applications) and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. By accessing or using any part of this Website, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any of the tools or services offered by Jojo Designs via the Website or via our Social Media Accounts (or related applications). If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms. Any new features or tools which are added to the current store shall also be subject to the Terms of Service.

Our store is hosted on Aabaco Small Business, LLC (DBA) Turbify.com. They provide us with an online e-commerce platform that allows us to sell our products and services to you. Turbify’s services are subject to Turbify’s Terms of Service, available at https://www.turbify.com/tos?_anyid=36ac6e65-0488-4201-a1c6-0d5ccc97873c. If there is a conflict between these Terms and Turbify’s Terms of Service (other than our Privacy Policy), Turbify’s Terms of Service will control with respect to conduct on its platform.

SECTION 1 - ELIGIBILITY
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are at least thirteen (13) years old and have consent and supervision from your parent or guardian.

If you are under the age of 13, we kindly ask that you get your parent(s) or guardian(s) to review this these Terms and to contact us with any questions at Sales@jojodesigns.com. We cannot collect or use your information without their approval.

If you make a purchase from us, you represent and warrant that you are of legal age of majority, of sound mind, and are providing accurate and current information about yourself to us. You may not use our products or the Platform for any illegal or unauthorized purpose nor may you, in the use of our Service, violate any laws in your jurisdiction (including but not limited to copyright, trademark or other intellectual property laws).You must not transmit any worms, viruses, malware, ransomware, or any malicious code of a destructive or damaging nature. A breach or violation of any of the Terms will result in an immediate termination of all our services to you.

SECTION 2 – LICENSE TO USE THE WEBSITE AND OUR SOCIAL MEDIA

Jojo Designs hereby grants you a limited, non-assignable, non-exclusive license to access the Website and our Social Media (or related applications) subject to and in accordance with these Terms. Any violation of the terms of these Terms is grounds for immediate termination of this limited license and may result in legal action by Jojo Designs.

SECTION 3 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

By posting or submitting any comments, questions, suggestions, plans, notes, ideas, proposals, or materials similar thereto (“User Generated Content”) to Jojo Designs through feedback, email messages, social media postings, or in any other manner, you hereby explicitly agree that: (a) your User Generated Content does not contain confidential or proprietary information; (b) you represent and warrant that you have the right to post and/or submit your User Generated Content; (c) you grant Jojo Designs a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any name, image or likeness of any person that appears in the User Generated Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, sublicense, distribute and assign these rights; (d) your User Generated Content automatically becomes the property of Jojo Designs without any obligation of Jojo Designs to you, with no right of attribution and no right to compensation; (e) Jojo Designs is not under any obligation of confidentiality relating to the User Generated Content, either express or implied; (f) Jojo Designs, in its sole discretion, shall be entitled to use the User Generated Content in any way, manner, purpose or otherwise, worldwide, without any further approval or compensation; (g) Jojo Designs may have under consideration or development similar ideas to the User Generated Content; and (h) you are not entitled to any compensation or reimbursement of any kind from Jojo Designs in exchange for the User Generated Content. You understand that your User Generated Content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

SECTION 4 – USER RULES OF CONDUCT

We reserve the right to terminate your use of the Service or any related website for violating any of the User Rules of Conduct.

You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Website and our Social Media (or related applications). In addition, your use of the Website and our Social Media (or related applications) is conditioned on your compliance with the following rules of conduct. You agree not to use this Website and our Social Media (or related applications) for any unlawful or fraudulent purpose, or solicit others to perform or participate in any unlawful acts, including impersonating any person or entity, including, but not limited to, any Jojo Designs employee, agent, or representative; or expressing or implying that Jojo Designs endorses any statement you make. You may not harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability in your use of the Service.

You also may not modify, adapt, translate, reverse engineer decompile or disassemble any portion of the Website and our Social Media (or related applications). Further, you may not interfere with or disrupt the operation of the Website and our Social Media (or related applications), including restricting or inhibiting any other person from using the Website and our Social Media (or related applications) by means of hacking, or defacing any portion of the Website and our Social Media (or related applications). You may not interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Further, transmitting or otherwise making available in connection with the Website and our Social Media (or related applications) any virus, worm, Trojan horse, root kit or other harmful code is prohibited.

To the extent that you submit any information to us, you represent that such information is true and correct and that you are authorized to submit it to us. You may not submit false and misleading information.

You may not use our Website and Social Media to spam, phish, pharm, pretext, spider, crawl, or scrape information, or for any obscene or immoral purpose. Moreover, you may not interfere with or violate any other Website/Social Media/application visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about Website/Social Media/application visitors or users, or about Jojo Designs’ employees and representatives identified on the Website, and our Social Media (or related applications) without their express consent. You are also proscribed from selling, reselling, transferring, licensing or exploiting for any commercial purposes any use of or access (including sharing of passwords and login information) to the Website and our Social Media (or related applications). Finally, you may not frame, mirror, in-line link to, or make other similar use of, all or any part of the Website or the Website’s content, or our Social Media (or related applications), including Jojo Designs’ or any other party’s intellectual property therein, without our prior express written authorization.

Certain portions of our Website may be protected by passwords or require a login. If you have been given a password for access to non-public areas of the Website, you are solely responsible for all activities occurring in connection with or originating from such password. You should take steps to protect the confidentiality of such password and notify Jojo Designs immediately if you become aware of any disclosure, loss, theft or unauthorized use.

SECTION 5 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

JOJO DESIGNS PERIODICALLY ADDS, CHANGES, IMPROVES, OR UPDATES THE INFORMATION ON THIS WEBSITE AND OUR SOCIAL MEDIA (AND RELATED APPLICATIONS) WITHOUT NOTICE. JOJO DESIGNS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE OR OUR SOCIAL MEDIA (AND RELATED APPLICATIONS), INCLUDING BUT NOT LIMITED TO, TYPOGRAPHICAL ERRORS, INACCURACIES OR OMISSIONS THAT MAY RELATE TO PRODUCT DESCRIPTIONS, PRICING, PROMOTIONS, OFFERS, PRODUCT SHIPPING CHARGES, TRANSIT TIMES AND AVAILABILITY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, JOJO DESIGNS IS NOT RESPONSIBLE OR LIABLE FOR ANY SUBMISSIONS POSTED ON THE PLATFORM. ALSO, NOTHING CONTAINED ON THIS WEBSITE OR OUR SOCIAL MEDIA SHALL BE INTERPRETED AS ADVISING YOU.

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

The material on this Website and our Social Media is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or timelier sources of information. Any reliance on the material on this site is at your own risk.

This Website and our Social Media may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website and our Social Media at any time, but we have no obligation to update any information on our Website or Social Media. You agree that it is your responsibility to monitor changes to our Website and Social Media.

SECTION 6 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and product descriptions are subject to change without notice, at our sole discretion. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 7 - PRODUCTS OR SERVICES LIMITATIONS; COLOR DISCLAIMER

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear on our Website. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this Website is void where prohibited.

We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Returns Policy.

SECTION 9 - THIRD-PARTY LINKS AND OPTIONAL TOOLS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We may also provide you with access to third-party tools which we do not monitor and over which we do not have any control or 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. Any use by you of optional tools offered through our Website 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). Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Jojo Designs is not responsible for the content, policies, or activities of third parties; for your use of optional third-party tools; or for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

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

SECTION 10 - PERSONAL INFORMATION

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

SECTION 11 - DISCLAIMER OF WARRANTIES

THIS WEBSITE, OUR SOCIAL MEDIA (AND RELATED APPLICATIONS), CONTENT, AND THE MATERIALS AND PRODUCTS MADE AVAILALE THEREIN ARE PROVIDED “AS IS,” WITH ALL FAULTS, AND ANY THIRD-PARTY WARRANTIES, SERVICES, MAINTENANCE AND SUPPORT ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY JOJO DESIGNS. JOJO DESIGNS DOES NOT GUARANTEE THAT WEBSITE AND/OR OUR SOCIAL MEDIA WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND/OR OUR SOCIAL MEDIA ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. TO THE FULLEST EXTENT PERMITTED BY LAW, JOJO DESIGNS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, OUR SOCIAL MEDIA, SERVICE, USER GENERATED CONTENT, AND ANY PRODUCTS OR SERVICES YOU MAY OBTAIN OR ACCESS THROUGH THE WEBSITE AND/OR OUR SOCIAL MEDIA, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE, THE EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE MAXIMUM IT CAN UNDER THE LAW. [See Canada terms.]

SECTION 12 – LIMITATION OF LIABILITY

Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions/limitations may not apply to you. [See Canada terms.]

IN NO CASE SHALL JOJO DESIGNS, OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, INTERNS, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS (“JD PARTIES”) BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. IF ANY JD PARTY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE OR ANY CONTENT, SUCH JD PARTY’S LIABILITY SHALL NOT EXCEED US$100.00. ANY CLAIMS MADE AGAINST JD PARTIES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF ACCRUAL. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 13 - INDEMNIFICATION

Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions or limitations may not apply to you. [See Canada terms.] You agree to indemnify, defend and hold JD Parties harmless from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Generated Content, your use of our Service, your conduct in connection with the Website and our Social Media (or related application) or with other users, or any violation of these Terms of Use, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the JD Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Service, and covenant not to sue JD Parties.

SECTION 14 – ENFORCEMENT OF THE AGREEMENT

Jojo Designs may investigate any reported, alleged or suspected violation of these Terms, and take any action that Jojo Designs, in its sole discretion, deems appropriate. Such action may include issuing warnings, suspension of a user’s access to the Service or complete termination of such access, at any time. Additionally, Jojo Designs reserves the right to bring suit for any violation of these Terms.

SECTION 15 - TERMINATION

Jojo Designs may terminate or modify the Website and/or our Social Media (or related applications), product or service at any time without notice.

Jojo Designs may delete any of your User Generated Content, and restrict your use of all or any part of our Service at any time and for any reason, without any liability to Jojo Designs, subject to applicable law.

You understand and agree that some of your User Generated Content, particularly that which is displayed in an activity feed or in other public places on our Social Media, may continue to appear publicly even after your account is terminated, subject to your right to have your User Generated Content removed upon request in accordance with applicable law.

These Terms remain in effect even after your account is terminated or you have stopped using our Service.

SECTION 16 - SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 – NO WAIVERS; ENTIRE AGREEMENT; INTERPRETATION; RIGHT TO ASSIGN

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Users should always assume these Terms apply.

These Terms and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against Jojo Designs. Jojo Designs may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms.

SECTION 18 - GOVERNING LAW/JURISDICTION

You agree that the Service, the Website, Terms, Privacy Policy and any dispute between you and Jojo Designs shall be governed in all respects by Florida law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.

Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Service (including but not limited to the purchase of Jojo Designs’ products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in the State of Florida.

You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of the State of Florida.

All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.

SECTION 19 – ELECTORNIC COMMUNICATIONS

By using the Service (including but not limited to the purchase of Jojo Designs’ products), you agree to receive certain electronic communications from Jojo Designs, subject to applicable law.

You agree that any notice, agreement, disclosure or other communication that Jojo Designs sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

SECTION 20 - CHANGES TO TERMS OF SERVICE

Our Terms may change. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. Some jurisdictions do not permit unilateral updates or changes to consumer terms, so this paragraph may not apply to you. [See Canada terms.] As such, you may wish to keep a copy of the Terms to which you agree.

SECTION 21 - CONTACT INFORMATION

Questions about these Terms should be directed to us at sales@jojodesigns.com.


If you live in Canada, these additional terms apply and override any inconsistent terms in the Terms of Use.

CANADA

MULTIPLE SECTIONS: The terms set forth in the sections titled “Disclaimer of Warranties”, “Indemnification”, and “Limitation of Liability” are qualified by the following:

“Consumer protection laws in some jurisdictions, including Quebec, do not allow for the limitations and exclusions of warranties on purchased products. If these laws apply to you, the exclusions or limitations in the following sections may not apply: Disclaimer of Warranties, Indemnification, and Limitation of Liability.”

The Section titled " SECTION 18 - GOVERNING LAW/JURISDICTION” is modified by adding the following at the beginning of the section:

“Consumer protection laws in some jurisdictions, such as Quebec, might require that your agreement be governed by the laws of your jurisdiction and heard by competent courts in your jurisdiction. In addition, such laws may not allow you to waive your right to be part of a class action or to limit your time limitation to commence legal proceedings. If these laws apply to you, the following limitations may not be applicable."

The section titled “SECTION 20 - CHANGES TO TERMS OF SERVICE” is qualified by the following:

“(a) Jojo Designs must send to you, at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause and the date of the coming into force of the amendment; and

(b) you may refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending Jojo Designs a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in your obligations or a reduction in Jojo Designs’s obligations.”