Terms + Conditions

[Effective as of October 25, 2021]

Welcome to the [SOLBYJNY LLC] Terms of Use agreement. For purposes of this agreement,

“Site” refers to the Company’s website, which can be accessed at [www.SOLBYJNY.com] [or

through our mobile application]. “Service” refers to the Company’s services accessed via the

Site, in which users can [purchase home decor, bath and body products, gift boxes and

monthly subscriptions, create an account via website members area, communicate with

other site members]. The terms “we,” “us,” and “our'' refer to the Company. “You” refers to

you, as a user of our Site or our Service.

The following Terms of Use apply when you view or use the Service [via our website

located at [www.SOLBYJNY.com [or by accessing the Service through clicking on the

application (the WIX mobile “App”) on your mobile device].

This website is owned and operated by [WIX]. These Terms set forth the terms and

conditions under which you may use our website and services as offered by us. This

website offers visitors [description of what is offered on your website]. By accessing or

using the website of our service, you approve that you have read, understood, and

agree to be bound by these Terms.

Please review the following terms carefully. By accessing or using the Service, you signify

your agreement to these Terms of Use. If you do not agree to be bound by these Terms of

Use in their entirety, you may not access or use the Service.

The Company respects the privacy of its Service users. Please refer to the Company’s

that pertains to your privacy. When you access or use the Service, you signify your

agreement to the Privacy Policy as well as these Terms of Use.

ABOUT THE SERVICE

The Service allows you to [purchase home decor, bath and body products, gift boxes and

monthly subscriptions, create an account via website members area, communicate with

other site members].

When buying an item, you agree that: (i) you are responsible for reading the full item

listing before making a commitment to buy it: (ii) you enter a legally binding

contract to purchase an item when you commit to buy an item and you complete the

check-out payment process.

The prices we charge for using our services / for our products are listed on the website.

We reserve the right to change our prices for products displayed at any time, and to

correct pricing errors that may inadvertently occur. Additional information about

pricing and sales tax is available on the payments page.

“The fee for the services and any other charges you may incur in connection with your

use of the service, such as taxes and possible transaction fees, will be charged on a

monthly basis to your payment method.

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE

You need to be at least [13 years old] and a resident of the United States to register for and

use the Service.

In order to use our website and/or receive our services, you must be at least [add

number] years of age, or of the legal age of majority in your jurisdiction, and possess

the legal authority, right and freedom to enter these Terms as a binding

agreement. You are not allowed to use this website and/or receive services if doing so is

prohibited in your country or under any law or regulation applicable to you.

If you are a user who signs up for the Service, you will create a personalized account which

includes a unique username and a password to access the Service and to receive messages

from the Company. You agree to notify us immediately of any unauthorized use of your

password and/or account. The Company will not be responsible for any liabilities, losses, or

damages arising out of the unauthorized use of your member’s name, password and/or

account.

USE RESTRICTIONS

Your permission to use the Site is conditioned upon the following use, posting and conduct

restrictions:

You agree that you will not under any circumstances:

· Access the Service for any reason other than your personal, non-commercial use solely as

permitted by the normal functionality of the Service,

· Collect or harvest any personal data of any user of the Site or the Service

· Use the Site or the Service for the solicitation of business during trade or in

connection with a commercial enterprise.

· Distribute any part or parts of the Site or the Service without our explicit written

permission (we grant the operators of public search engines permission to use spiders to

copy materials from the site for the sole purpose of creating publicly available searchable

indices but retain the right to revoke this permission at any time on a general or specific

basis).

· Use the Service for any unlawful purpose or for the promotion of illegal activities.

· Attempt to, or harass, abuse or harm another person or group.

· Use another user’s account without permission.

· Intentionally allow another user to access your account.

· Provide false or inaccurate information when registering an account.

· Interfere or attempt to interfere with the proper functioning of the Service.

· Make any automated use of the Site, the Service or the related systems, or take any

action that we deem to impose or to potentially impose an unreasonable or

disproportionately large load on our servers or network infrastructure.

· Bypass any robot exclusion headers or other measures we take to restrict access to the

Service, or use any software, technology, or device to scrape, spider, or crawl the Service or

harvest or manipulate data.

· Circumvent, disable or otherwise interfere with any security-related features of the

Service or features that prevent or restrict use or copying of content, or enforce limitations

on use of the Service or the content accessible via the Service; or

· Publish or link to malicious content of any sort, including that intended to damage or

disrupt another user’s browser or computer.

POSTING AND CONDUCT RESTRICTIONS

When you create your own personalized account, you may be able to provide [name, email,

address, billing and shipping details, phone number] (“User Content”) to the Service. You

are solely responsible for the User Content that you post, upload, link to or otherwise

make available via the Service.

You agree that we are only acting as a passive conduit for your online distribution and

publication of your User Content. The Company, however, reserves the right to remove

any User Content from the Service at its sole discretion.

We grant you permission to use and access the Service, subject to the following express

conditions surrounding User Content. You agree that failure to adhere to any of these

conditions constitute a material breach of these Terms.

By transmitting and submitting any User Content while using the Service, you agree as

follows:

· You are solely responsible for your account and the activity that occurs while signed in

to or while using your account.

· You will not post information that is malicious, libelous, false or inaccurate.

· You will not post any information that is abusive, threatening, obscene, defamatory,

libelous, or racially, sexually, religiously, or otherwise objectionable and offensive.

· You retain all ownership rights in your User Content, but you are required to grant the

following rights to the Site and to users of the Service as set forth more fully under the

“License Grant” and “Intellectual Property” provisions below: When you upload or post

User Content to the Site or the Service, you grant to the Site a worldwide, non-exclusive,

royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of,

display, and perform that Content in connection with the provision of the Service; and you

grant to each user of the Service, a worldwide, non-exclusive, royalty-free license to access

your User Content through the Service, and to use, reproduce, distribute, prepare

derivative works of, display and perform such Content to the extent permitted by the

Service and under these Terms of Use.

· You will not submit content that is copyrighted or subject to third party proprietary

rights, including privacy, publicity, trade secret, or others, unless you are the owner of such

rights or have the appropriate permission from their rightful owner to specifically submit

such content; and

· You hereby agree that we have the right to determine whether your User Content

submissions are appropriate and comply with these Terms of Service, remove any and/or

all your submissions and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the

use of any User Content that you make available or access through your use of the Service

is solely your responsibility. The Site is not responsible for any public display or misuse of

your User Content.

The Site does not, and cannot, pre-screen or monitor all User Content. However, at our

discretion, we, or technology we employ, may monitor and/or record your interactions

with the Service or with other Users.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available

through the Service, but not directly by the Site, are those of their respective authors, and

should not necessarily be relied upon. Such authors are solely responsible for such content.

We do not guarantee the accuracy, completeness, or usefulness of any information on the

Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or

reliability of any opinion, advice, or statement made by other parties. We take no

responsibility and assume no liability for any User Content that you or any other user or

third party posts or sends via the Service. Under no circumstances will we be responsible

for any loss or damage resulting from anyone’s reliance on information or other content

posted on the Service or transmitted to users.

Though we strive to enforce these Terms of Use, you may be exposed to User Content that

is inaccurate or objectionable when you use or access the Site or the Service. We reserve

the right, but have no obligation, to monitor the materials posted in the public areas of the

Site or the Service or to limit or deny a user’s access to the Service or take other appropriate

action if a user violates these Terms of Use or engages in any activity that violates the

rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or

malicious. [E-mails sent between you and other participants that are not readily accessible

to the general public will be treated by us as private to the extent required by applicable

law.] The Company shall have the right to remove any material that in its sole opinion

violates, or is alleged to violate, the law or this agreement or which might be offensive, or

that might violate the rights, harm, or threaten the safety of users or others. Unauthorized

use may result in criminal and/or civil prosecution under Federal, State and local law. If

you become aware of a misuse of our Service or violation of these Terms of Use, please

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, we may provide you with convenient links to third party website(s)

(“Third Party Sites”) as well as content or items belonging to or originating from third

parties (the “Third Party Applications, Software or Content”). These links are provided as a

courtesy to Service subscribers. We have no control over Third Party Sites or Third Party

Applications, Software or Content or the promotions, materials, information, goods or

services available on these Third-Party Sites or Third-Party Applications, Software or

Content. Such Third-Party Sites and Third-Party Applications, Software or Content are not

investigated, monitored or checked for accuracy, appropriateness, or completeness, and we

are not responsible for any Third-Party Sites accessed through the Site or any Third Party

Applications, Software or Content posted on, available through or installed from the Site,

including the content, accuracy, offensiveness, opinions, reliability, privacy practices or

other policies of or contained in the Third-Party Sites or the Third-Party Applications,

Software or Content. Inclusion of, linking to or permitting the use or installation of any

Third Party Site or any Third-Party Applications, Software or Content does not imply our

approval or endorsement. If you decide to leave the Site and access the Third-Party Sites or

to use or install any Third-Party Applications, Software or Content, you do so at your own

risk and you should be aware that our terms and policies, including these Terms of Use, no

longer govern. You should review the applicable terms and policies, including privacy and

data gathering practices, of any Third-Party Site to which you navigate from the Site or

relating to any applications you use or install from the Third-Party Site.

LICENSE GRANT

By posting any User Content via the Service, you expressly grant, and you represent and

warrant that you have a right to grant, to the Company a royalty-free, sublicensable,

transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce,

modify, publish, list information regarding, edit, translate, distribute, publicly perform,

publicly display, and make derivative works of all such User Content and your name, voice,

and/or likeness as contained in your User Content, if applicable, in whole or in part, and in

any form, media or technology, whether now known or hereafter developed, for use in

connection with the Service.

INTELLECTUAL PROPERTY

The Service and all materials therein or transferred thereby, including, without limitation,

software, images, text, graphics, logos, patents, trademarks, service marks, copyrights,

photographs, audio, videos, music and all Intellectual Property Rights related thereto, are

the exclusive property of [www.SOLBYJNY.com]. Except as explicitly provided herein,

nothing in these Terms shall be deemed to create a license in or under any such

Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute,

copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create

derivative works thereof.

You acknowledge and agree that we and our licensors retain ownership of all intellectual

property rights of any kind related to the Service, including applicable copyrights,

trademarks and other proprietary rights. Other product and company names that are

mentioned on the Service may be trademarks of their respective owners. We reserve all

rights that are not expressly granted to you under these Terms of Use.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Service’s email and messaging system will not

constitute legal notice to the Site, the Service, or any of its officers, employees, agents or

representatives in any situation where legal notice is required by contract or any law or

regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you: (a) consent to receive communications from us in an

electronic form via the email address you have submitted; and (b) agree that all Terms of

Use, agreements, notices, disclosures, and other communications that we provide to you

electronically satisfy any legal requirement that such communications would satisfy if it

were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address to send you other messages, including information

about the Site or the Service and special offers. You may opt out of such email by changing

your account settings, using the “Unsubscribe” link in the message, or by sending an email

to [hello@solbyjny.com]

Opting out may prevent you from receiving messages regarding the Site, the Service or

special offers.

WARRANTY DISCLAIMER

THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT

LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER

EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT

LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT

LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT

ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR

FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM

YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER

MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT

PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE

SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR

PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR

ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,

HOWEVER, ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF

YOUR USER CONTENT: (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE

SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE

AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER

OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING

NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE

BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY

SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME

JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS

PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with one or more users, a restaurant or a merchant of a product or

service that you review using the Service, you release us (and our officers, directors, agents,

subsidiaries, joint ventures and employees) from claims, demands and damages (actual and

consequential) of every kind and nature, known and unknown, arising out of or in any way

connected with such disputes.

If you are a California resident using the Service, you may specifically waive California Civil

Code §1542, which says: “A general release does not extend to claims which the creditor

does not know or suspect to exist in his favor at the time of executing the release, which if

known by him must have materially affected his settlement with the debtor.”

MODIFICATION OF TERMS OF USE

We can amend these Terms of Use at any time and will update these Terms of Use in the

event of any such amendments. It is your sole responsibility to check the Site from time to

time to view any such changes in this agreement. Your continued use of the Site or the

Service signifies your agreement to our revisions to these Terms of Use. We will endeavor

to notify you of material changes to the Terms by posting a notice on our homepage and/or

sending an email to the email address you provided to us upon registration. For this

additional reason, you should keep your contact and profile information current. Any

changes to these Terms (other than as set forth in this paragraph) or waiver of our rights

hereunder shall not be valid or effective except in a written agreement bearing the physical

signature of one of our officers. No purported waiver or modification of this agreement on

our part via telephonic or email communications shall be valid.

GENERAL TERMS

If any part of this Terms of Use agreement is held or found to be invalid or unenforceable,

that portion of the agreement will be construed as to be consistent with applicable law

while the remaining portions of the agreement will remain in full force and effect. Any

failure on our part to enforce any provision of this agreement will not be considered a

waiver of our right to enforce such provision. Our rights under this agreement survive any

transfer or termination of this agreement.

You agree that any cause of action related to or arising out of your relationship with the

Company must commence within ONE year after the cause of action accrues. Otherwise,

such cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the federal laws of the United

States of America and the laws of the State of [Florida] without regard to conflict of law

provisions.

We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in

part, to any person or entity at any time with or without your consent. You may not assign

or delegate any rights or obligations under the Terms of Service or Privacy Policy without

our prior written consent, and any unauthorized assignment or delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND

THE TERMS OF USE AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU

FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE

STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY

PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER

COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS

AGREEMENT.