Terms of Use and Service and Mobile Terms of Service
Welcome to the Jalaclothing.com (the "website"). Please review the following terms and conditions carefully. These terms and conditions govern your business relationship with Jala and your use and access to this Website, including your selection of products from this Website for purchase (collectively, "Agreement"). All sales are subject to Jala's Export Sales Order Terms and Conditions and the Terms and Conditions of Sale, outlined herein and the Jala Website. Jala may make changes to the information contained in this Website, or to the products and/or services described and contained herein, at any time and without notice. Jala reserves the right to cancel any order for any reason. Possible reasons for cancellation include, but are not limited to potentially fraudulent orders, incorrect pricing and non payment. USE OF THIS WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE AND SERVICE.

Mobile Terms of Service

Last updated: May 26, 2022

The Jala mobile message service (the "Service") is operated by Jala (“Jala”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Jala’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Jala through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Jala. Your participation in this program is completely voluntary.

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 frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18447210816 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Jala mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18447210816 or email wecare@jalaclothing.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

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.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy

Account
Jala invites you to register with an account. When you create and Account, you will be asked to provide a name, email address, and profile information. After you create an account, you will periodically receive electronic communication filled with the latest information about Jala, as well as information about special promotions at Jala.

Use Restrictions
You understand and accept that all information, data, text, software, music, sound, photographs, graphics, audio, video, message or other material appearing on this Website (collectively, "Content") are owned by Jala or its licensors. You are expressly prohibited from using any Content without the express written consent of Jala or its licensors. Except as otherwise stated herein, none of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of Jala and/or the appropriate licensor. Permission is granted to display, copy, distribute, and download the materials on this Website solely for personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained. You also may not, without Jala's written permission, "mirror" any material contained on this website or any other server. Any permission granted herein terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Website may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.

Trademarks
"Jala" is a registered trademark, service mark, and/or trade name of Jala. All other trademarks, service marks, and trade names contained in the Website are the properties of the respective owners. Jala disclaims any proprietary interest in trademarks, service marks and trade names other than its own. No use of these marks may be made without the prior written authorization of Jala, except as necessary to accurately identify the products or services of Jala.

Termination
Jala or You may terminate this Agreement at any time. Without limiting the foregoing, Jala shall have the right to immediately terminate your use and any of your accounts in the event of any conduct by you which Jala, in its sole discretion, considers to be unacceptable, or in the event of any breach of this Agreement by you.
Website Links
The Website may provide links or references to other World Wide Web sites or resources. Jala assumes no responsibility for, does not guarantee the accuracy of, or in no way endorses the content of such other sites and shall not be liable for any damages or injury arising from that content.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website (including, but not limited to, advertisers who are licensees of Jala), including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that Jala shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.

Contents and Promotions
Any contests or promotions described or posted on this Website shall be governed by the rules regulating such event.

Limitation of Liability
YOU AGREE THAT JALA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, ARISING OUT OF YOUR USE OR INABILITY TO USE THE WEBSITE OF THE INFORMATION CONTAINED THEREIN, EVEN IF JALA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. You agree to indemnify and hold Jala, and its affiliates, subsidiaries, officers, agents, licensors, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any information that you submit or transmit to the website, your use of the website, your connection to the website, your violation of this Agreement, or your violation of any rights of another person.

Disclaimer
JALA MAKES NO WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THE QUIET ENJOYMENT OR NON-INFRINGEMENT, WITH RESPECT TO YOUR USE OR INABILITY TO USE THE WEBSITE OR INFORMATION CONTAINED THEREIN.
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