Privacy Policy & Terms and Conditions

PRIVACY POLICY & TERMS OF USE

Privacy Policy for Jaber Soul. We have created this document to inform you of our information collection, use, storage, transmission, and disclosure practices.

DEFINITIONS

The “Website” includes all webpages, content, information, software, applications, and all other functionality available via your web browser atwww.The Website and all other services offered by us from time to time, including, without limitation, email, messaging, and all other automated and online services provided by Jaber Soul are referred to herein collectively as the “Services.” The Services also include services rendered by us in-person or by phone. You, as a visitor to and/or user of any of the Services, along with any company and/or other person that you represent are referred to herein collectively as “you” and “your.

CONSENT TO PRIVACY POLICY AND TERMS OF USE

Your access to and use of the Services is conditioned upon your acceptance of and compliance with each of: our Payment, Shipping, and Return policies available (“Payment Policy”); and the Terms of Use available (“Terms of Use”); and this Privacy Policy.

The Payment Policy, Terms of Use, and this Privacy Policy are referred to collectively herein as the “Terms.” The Terms apply to all visitors, users, and others who access or use any of the Services.

BY CONTINUING TO VIEW, ACCESS, OR USE OUR WEBSITE OR ANY OTHER SERVICES, YOU CONSENT TO OUR POLICIES AND PRACTICES DESCRIBED IN THE PAYMENT POLICY, TERMS OF USE, AND THIS PRIVACY POLICY. IF YOU DO NOT CONSENT OR AGREE WITH ANYTHING IN THE PAYMENT POLICY, TERMS OF USE, OR THIS PRIVACY POLICY, YOU MUST IMMEDIATELY CEASE ACCESSING AND/OR USING THE WEBSITE AND ALL OTHER SERVICES.

HOW WE RECEIVE YOUR INFORMATION

We receive information about you when you:

• Choose to provide your contact information, such as your name, email, phone number, or other information when requesting or consenting to any communication from us, whether made or given online, in writing, by phone, by email, or in person; or

• Choose to provide information incident to a purchase of products or services from us whether in person, by phone, or online; or

• Choose to supply information to us, or post information on our accounts or pages, via social media, such as via FaceBook, Instagram, Twitter, Pinterest, or LinkedIn; or other such platforms.

• Subscribe to our email newsletter (whether directly or indirectly, as further described below); or

• Visit our Website.

ORDERING

Customers may make purchases at any of our retail store locations (“in-store”), pop-ups, trade-shows, etc or may place orders online or by calling us at the phone number listed on our Website.

You may make in person purchases in cash, without providing any information about yourself. Otherwise, you must provide a customer name, name of authorized representative (if any), contact information, shipping and billing addresses, and/or payment information to purchase products or services.

CONTACT INFORMATION

We will use your contact information to contact you as necessary for our provision of products or services to you, or otherwise at your request or with your consent.

EMAIL NEWSLETTER

Customers and potential may provide one or more email addresses to any of our for the purpose of being added our email newsletter. Customers who purchase any product from us and provide an email address consent to being automatically added to the recipient list for our email newsletter. The newsletter is provided as a courtesy and is not required for purchase.

We do not currently sell or otherwise provide your email address to any third party marketers. However, we may share your email address with third party marketers of products and services that may be of interest to you in the future.

Recipients of our email newsletter may unsubscribe at any time by following the directions contained in any email newsletter or by contacting us directly.

SOCIAL MEDIA / PUBLIC FORUMS

We may, from time to time, permit you to communicate, upload, or post information to our social media accounts and pages (such as those hosted by FaceBook, Instagram, Twitter, Pinterest, or LinkedIn), and to other voluntary chat rooms, online review areas, etc. that are available via our Website or by accessing the applicable online service (each a “Public Forum”). Please note that any information you disclose in a Public Forum becomes public, unless we provide otherwise. You agree not to provide any information or content, without regard to format, that you do not own, or is illegal, profane, inflammatory, or unrelated to our business. We reserve the rights to refuse to display and to edit or remove content that, in our opinion, may frustrate our marketing efforts. Additionally, by providing information in any Public Forum, you expressly consent to our ownership of such information, to the extent permitted by applicable law. Please see the sections titled Provision of Information and User-Generated Content in our Terms of Use for more information regarding your obligations related to social media.

OUR USE OF COOKIES

Analysis of Website Traffic: We use analytics to improve your experience. This service uses cookies to collect usage information from our Website. Such information is specific to the performance of our Website and the geographic scope of our business and does not include your name, address, credit card information, etc.

Usage information allows us to determine how long you viewed our Website, what pages you visited, what device you used to visit our Website, and more generally, the amount of search traffic our Website receives, the source of our Website’s traffic, and how long it took to download a web page. This allows us to make informed changes to improve our Website, such as making our Website faster and easier to use.

Usage information generated by cookies related to your use of our Website (including your IP address) is collected and then processes this information and provides reports on Website activity for this Website. IP addresses collected by analytics solely for determining the general geographic location of an accessing computer system to within about twenty-five (25) miles. We do not link or ever attempt to link this information to other information that could be used to identify you. We will not associate your IP address with any other information held by the analytics.

You can prevent analytics from recognizing your IP Address by disabling cookies in your web browser. (See the section titled “Customer Control of Information” below.)

NOTE: You may notice that we are collecting consents for more than just analytics cookies. This is because we anticipate adding third party marketing functions in the near future. We have decided to start collecting consents for this future use of cookies now.

Remarketing: We use services to market our business in advertisements that appear in search results pages powered by Search Engines. Remarketing is offered to serve advertisements to visitors who visited our Website within a specified time frame.

When you visit our Website, our anayltics and other third-party vendors place a cookie on your computer and add your IP Address to a list of Website visitors. Then uses this list to serve advertisements when you type in specific search queries. With this information you can be served advertisements to you in search results and on Websites across the Internet.

This allows our analytics and other third party search network Websites to serve advertisements in response to visits to our Website. You can opt-out of Google’s use of targeted advertising with cookies by visiting your search engine Advertisements Settings or the Support Page for Advertisements. You may also be able to opt out of a third-party vendor’s use of cookies by visiting the opt-out page.

However, we hope that you will appreciate the offerings of our advertising partners.

Opt-out, Disabling, or Deleting Cookies Using Web Browser Settings and Menus.

By disabling or deleting cookies using the settings of your web browser, you may not be able to use certain functionality on our Website, for example, the use of our online shopping cart and other online purchasing functions. However, we will be happy to serve you in-store, or by phone.

OTHER USES OF YOUR INFORMATION

We do not currently sell or provide any of your information to third party advertisers or sell your personal information to any third party. In the event that this policy changes, we will provide a hyperlink on our homepages entitled “Do Not Sell My Personal Information,” whereby you can opt-out of the sale of your personal information. In that event, we will also take requests to opt-out by phone.

Unless otherwise limited in this Privacy Policy and to the fullest extent allowed by applicable law, we reserve the right to use and share with any third parties any information that you provide to us in order to: provide any services, products, or information you have requested; carry out any agreements you enter into with us assist us in our efforts to collect any amounts that you owe to us;

enforce, or take any action provided for, in this Privacy Policy or our Terms of Use;

provide direct marketing to you, including our email newsletter, upon your request or implicit consent; take any action, in our discretion, regarding suspected illegal activities;

comply with any and all applicable laws, rules, regulations, governing bodies, and legal authorities;

respond to what we reasonably determine to be a valid request for information by any governmental or regulatory authority or officer of the court; prepare for and/or engage in legal action by or against Jaber Soul, its owners, officers, managers, employees, etc.; and protect our rights, reputation, and property, or that of our owners, officers, manager, employees, users, affiliates, or any other person.

SECURITY

We strive to maintain the security, integrity, and confidentiality of the information that you provide to us, by means of reasonable controls and/or as required by law. However, we recognize that we cannot control the actions and activities of third parties and that perfect security is a myth. Therefore, we will use reasonable measures, as required by law, to notify you in the event of an unauthorized release of your information.

THIRD PARTY WEBSITES AND SERVICES

Please see our Terms of Use, for more information.

MODIFICATION/RETENTION OF YOUR INFORMATION

You may request that we provide a copy of, modify, or remove any information that you provide to us either via the Services (as available) or by contacting us. Please allow no fewer than thirty (30) days for us to process your request. We reserve the following rights, to the extent permitted by applicable law and regulation:

The right to verify your identity to our reasonable satisfaction prior to granting any access or making any modifications or deletions;

The right to charge a reasonable fee for what we reasonably determine to be excessively frequent requests and to deny requests that we reasonably harassing, misleading, or disruptive to our proper business operations;

The right to retain logs for a reasonable period for the purpose of maintaining and verifying the availability, integrity, and security of our systems;

The right, in our discretion, to retain information that we reasonably anticipate would be necessary or advisable to have in the event of legal action involving Jaber Soul and/or any of its representatives; and the right to maintain aggregated statistical data related to the provision and administration of our products and services indefinitely.

CHANGES TO PRIVACY POLICY

We may revise this Privacy Policy at any time without notice. The Privacy Policy posted at any time or from time to time via the Website shall be deemed to be the Privacy Policy then in effect. Consequently, you should review the Privacy Policy periodically. By continuing to use the Services following the posting of any revisions, you expressly accept and agree to abide by the terms set forth in the current Privacy Policy. Without limiting the foregoing we may from time to time elect, in its sole discretion, to notify you of any changes to the Privacy Policy that deems to be substantial or material, for your convenience and not based on any obligation on our part.

BY CONTINUING TO ACCESS OR USE THE SERVICES AFTER ANY REVISIONS BECOME EFFECTIVE, YOU AGREE TO BE BOUND BY THE REVISED PRIVACY POLICY. IF YOU DO NOT AGREE TO THE REVISED PRIVACY POLICY, YOU ARE NO LONGER AUTHORIZED TO USE ANY OF THE SERVICES AND MUST IMMEDIATELY DISCONTINUE ACCESS AND/OR USE.

CONTACT

Jaber Soul

PO BOX 91742

Sioux Falls SD 57109

customerservice@jabersoul.com

These Terms of Use Policies were last updated on 01.21.21.

DEFINITIONS

The “Website” includes all webpages, content, information, software, applications, and all other functionality available via your web browser at jabersoul.com. The Website and all other services offered by us from time to time, including, without limitation, email, messaging, and all other automated and online services provided by us are referred to herein collectively as the “Services.” These services also include services rendered by us in-person or by phone. You, as a visitor to and/or user of any of the Services, along with any company and/or other person that you represent are referred to herein collectively as “you” and “your.”

INCORPORATED POLICIES

Payment Policy: All provisions of our Payment, Shipping, and Return policies available (“Payment Policy”), are a part of these Terms of Use, as if they were fully duplicated herein.

Privacy Policy: All provisions of our Privacy Policy, available via (“Privacy Policy”), are part of these Terms of Use, as if they were fully duplicated herein.

CONSENT TO INCORPORATED POLICIES AND TERMS OF USE

Your access to and use of the Services is conditioned upon your acceptance of and compliance with each of:the Payment Policy; and the Privacy Policy; and these Terms of Use.

All of the Payment Policy, Privacy Policy, and these Terms of Use are referred to collectively herein as the “Terms.” The Terms apply to all visitors, users, and others who access or use any of the Services. BY CONTINUING TO VIEW, ACCESS, OR USE OUR WEBSITE OR ANY OTHER SERVICES, YOU CONSENT TO OUR POLICIES AND PRACTICES DESCRIBED IN THE TERMS. IF YOU DO NOT CONSENT OR AGREE WITH ANYTHING IN THE TERMS, YOU MUST IMMEDIATELY CEASE ACCESSING AND/OR USING THE WEBSITE AND ALL OTHER SERVICES.

ACCOUNTS

Generally: When you register for or create an online account with us (“Account”), you represent, warrant, and guarantee that you are above the age of eighteen (18) years, and that all of the information you provide to us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account.

You are responsible for maintaining the confidentiality of your Account along with any username and/or password that you create or that we may assign to you (collectively, “Credentials”), and are prohibited from sharing your Credentials with any third party.

YOU ACCEPT FULL RESPONSIBILITY FOR ANY ACTIONS OR INACTIONS BY PERSONS TO WHOM YOU GRANT ACCESS TO YOUR ACCOUNT. FURTHERMORE, YOU AGREE TO ACCEPT RESPONSIBILITY FOR ANY AND ALL ACTIVITIES OR ACTIONS THAT OCCUR UNDER YOUR ACCOUNT AND/OR CREDENTIALS. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account, Credentials, or the Services. If you do not notify us, we may be prevented from implementing measures to protect the integrity, availability, and confidentiality of the Services for you and other users.

Termination: You may request the termination of your Account by emailing customerservice@jabersoul. Please allow no fewer than thirty (30) days for us to respond to any request via email. We reserve the right to retain a copy of any and all information associated with your account in our sole discretion, as permitted by any applicable laws and regulations. Further, we reserve the right to verify your identity as permitted by any applicable laws and regulations prior to fulfilling any request for termination.

We may terminate or suspend your Account and prevent access to the Services immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including, but not limited to, a breach of these Terms.

INTELLECTUAL PROPERTY

The Website contains various types of intellectual property, including, photographs, graphics, text, logos, trademarks, trade names, and others that are either owned by us or used with permission. We encourage you to forward links to our Website and via social media for the purpose of recommending our company, products, and/or services to others, without any further permission from us. However, all other copying, reproduction, and/or distribution of any intellectual property available via the Services is strictly prohibited, without our prior written consent.

PRODUCT DESCRIPTIONS

The products available from Jaber Soul will vary without notice from time to time. Although we make an effort to provide current product information, descriptions, and availability on the Website and in our other marketing materials, we cannot guarantee that any of this information will be entirely accurate or current. Additionally, the appearance of the colors and materials of any item may vary from their true appearance based on the settings of your particular website browsing device. All technical specifications, dimensions, colors, and materials are provided to assist potential customers with their purchase decisions but are not binding. Please us to verify product information, descriptions, specifications, dimensions, colors, materials, and availability. YOU ASSUME ALL RISK FOR AND JABER SOUL SHALL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL, CAUSED, DIRECTLY OR INDIRECTLY, BY ANY ERRORS, OMISSIONS, CONTENT, OR INACCESSIBILITY OF INFORMATION PROVIDED VIA THE WEBSITE.

PROVISION OF INFORMATION

By providing any information or other content to us, whether directly or by communicating, uploading, or posting to any of our social media accounts and pages, you represent and warrant that all such information and content is owned by you, accurate, complete, and that your provision of the information and content does not violate any right of any third party, including, without limitation, intellectual property rights, and others. You agree to promptly inform us of all changes to any information or content that you have previously provided to us, whether directly or by.

USER-GENERATED CONTENT

By providing Content, you represent and warrant that: (i) it is yours (you own it) and/or you have the right to use it and the right to grant us the rights provided for herein, and (ii) that your provision and our display of Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right, but assume no obligation to, immediately terminate, without notice, the Account of anyone found to be infringing on our or any third party’s copyright. Additionally, by providing Content, you expressly consent to our ownership of such Content and our use of it for marketing purposes consistent with our Privacy Policy.

You are solely responsible for the security and privacy of any Content that you disclose, download, or copy, whether provided by you or a third party. We take no responsibility and assume no liability for Content provided by you or any third party. We reserve the right but not the obligation to monitor, edit, or remove any and all Content provided by you or any third party for any reason. We also reserve the right to use, copy, and share any Content provided by you to promote and/or test the integrity, availability, and confidentiality of the Services.

Any information, text, graphics, videos, photos, audio, or other material that you do not provide to us and that is available on or through the Services is owned by us or is used with permission (“WM Content”). You may not copy, distribute, sell, publish, or otherwise use WM Content, whether in whole or in part, for commercial purposes or for personal gain, without our written permission in advance.

COMPLIANCE WITH OUR SECURITY POLICIES

By continuing to use the Services, you agree to abide by all of Jaber Soul's security policies as communicated to you from time to time, whether such information is provided via the Services, email, mail, telephone, or in person.

THIRD PARTY WEBSITES AND SERVICES

We may from time to time provide links to various third party websites, links, content, information, activities, or services via our Website that we do not own or control (collectively, “Third Party Services”). For your information, Third Party Services includes the chat messaging service available via our Website. Information transmitted to and/or received by you via Third Party Services is subject to such third party’s control, ownership, privacy policies, other policies, and terms. Any information transmitted to any Third Party Services via the Services shall also be subject to our Terms.

YOUR ACCESS OR USE OF THIRD PARTY WEBSITES AND/OR SERVICES IS AT YOUR OWN RISK AND JABER SOUL SHALL NOT BE HELD RESPONSIBLE FOR THE CONTENT OR BEHAVIOR OF ANY THIRD PARTY SERVICES. We have no control over, and assume no responsibility for the content, privacy policies, terms of use, or practices of any third party websites or services. We do not make any warranties regarding the offerings or actions of any of these entities or individuals or their websites or other services. Information that you provide via any Third Party Services may be subject to such third party’s control, ownership, privacy policies, other policies, and terms, in addition to our policies to the extent permitted by applicable law. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your access or use of, or reliance on any content, action, goods, or services available on or through any such third party websites or services. For your protection, we strongly advise you to familiarize yourself with the privacy policies and terms of use of any third party websites or services that you visit.

INTERNATIONAL USE OF SERVICES

The Services employ Secure Socket Layer and/or Transport Layer Security encryption during transmission of certain information, including, without limitation, payment information. You represent and warrant that you will not access or use the Services in violation of any law, rule, or regulation, including, without limitation, any United States law or regulation related to export and/or re-export control. You represent and warrant that you are in full compliance with all such laws, rules, and regulations, in addition to any and all laws, rules, and regulations of any and all other applicable jurisdictions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR COMPLYING WITH THE LAWS OF THE UNITED STATES AND THE LAWS OF THE JURISDICTIONS WHERE YOU ARE LOCATED AND FROM WHICH YOU ACCESS THE SERVICES, INCLUDING, WITHOUT LIMITATION, U.S. EXPORT AND RE-EXPORT LAWS, RULES, AND REGULATIONS.

CUSTOMER SUPPORT AND COMPATIBILITY

It is your responsibility to select, acquire, and maintain your own devices and software that are compatible with the Services. However, we may, in our sole discretion, provide customer support as a convenience to you. We reserve the right to cease providing or charge a reasonable fee for customer support, upon our sole determination that your use of our customer support services is excessive.

MALICIOUS SOFTWARE

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. We cannot and do not warrant that the Services are compatible with your computer and network systems and/or other devices used to access the Services (collectively, “Devices”), or that the Services will be provided free of viruses, worms, Trojan horse programs, ransomware or other malware, or disabling devices or other code that manifests restrictive, contaminating, or destructive properties (collectively, “Malware”). You are responsible for implementing safeguards to protect the integrity, availability, and confidentiality of your Devices used to access the Services, and all associated information stored thereon, and you are responsible for the entire cost of any investigations, services, replacement, and repairs of and to your Devices and/or any information stored thereon that may be necessary as a result of your use of the Services.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS JABER SOUL AND ITS RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, MANAGERS, AND SHAREHOLDERS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, COSTS AND EXPENSES), RESULTING FROM OR ARISING OUT OF: (A) ANY USE OR ACCESS OF THE SERVICES BY YOU OR ANY PERSON USING YOUR ACCOUNT OR CREDENTIALS, (B) A BREACH OF THESE TERMS, OR (C) YOUR USE OF ANY PRODUCT PROVIDED TO YOU BY JABER SOUL.

NOTE:

The following Limitations of Liability and Disclaimers shall be enforced to the fullest extent allowed by applicable law. In the event that a court of competent jurisdiction shall determine that any of the following Limitations of Liability and/or Disclaimers are unenforceable, such provisions shall be altered to provide the strongest protections to Jaber Soul that are permissible under applicable law

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL JABER SOUL, OR ITS EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, AND SHAREHOLDERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY VIA THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS TO OR FROM THE SERVICES; AND (E) YOUR USE OF ANY PRODUCT PROVIDED TO YOU BY US, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, 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.

DISCLAIMERS

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, OR COURSE OF PERFORMANCE. WE EXPRESSLY DISCLAIM ANY GUARANTEES OR WARRANTIES RELATED TO THE AVAILABILITY, INTEGRITY, SECURITY, AND/OR CONFIDENTIALITY OF THE SERVICES. JABER SOUL DOES NOT WARRANT THAT: (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURELY, OR CONFIDENTIALLY, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS IN ANY SERVICES WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF MALWARE (AS DEFINED HEREIN); OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

ADDITIONAL PROVISIONS

Assignment: We may transfer or assign any of our rights and obligations under these Terms; however, you may only transfer or assign any of your rights or obligations under these Terms with our express, written consent.

Governing Law and Venue: The Terms shall be governed and construed in accordance with the laws of the State of Tennessee, without regard to any conflict of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of the Federal and State courts (both trial and appellate) located in Lincoln County the State of South Dakota with respect to any and all suits, actions, or other proceedings arising out of or in connection with the Services and/or any product provided by us. If you have violated or threatened to violate the Terms, we may seek injunctive or other appropriate relief against you; this is in addition to any claims for damages and any and all other rights that we may have to legal remedies whether at law or in equity. You agree to pay all of our costs of enforcement, including reasonable attorney’s fees, costs, and expenses.

No Waiver; Severability: Our failure to enforce any right or provision of the Terms will not be considered a waiver of those rights. If any provision of the Terms is held to be invalid or unenforceable by a court, the remaining provisions of the Terms will remain in effect. The Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have had between us regarding the Services.

Third Parties: The Terms govern your interactions with us and shall not be construed as giving rights or obligations to third parties.

No Partnership: You and Jaber Soul agree that no joint venture, partnership, employment, or agency relationship exists between you Jaber Soul as a result of the Terms or your use of the Services.

Survival: All provisions of the Terms which by their nature should reasonably survive termination of any business relationship between us and you shall survive such termination, including, without limitation, provisions related to ownership, indemnification, limitations of liability, and disclaimers. Your warranty and indemnification obligations shall remain in full force and effect for the longest period and to the greatest extent allowed by applicable law.

CHANGES TO TERMS OF USE

We reserve the right to revise the Terms at any time without notice. The Terms posted at any time or from time to time via the Website shall be deemed to be the Terms then in effect. Consequently, you should review the Terms periodically. By continuing to use the Website or any other Services following the posting of any revisions, you expressly accept and agree to abide by the terms set forth in the current Terms. Without limiting the foregoing, we may from time to time elect, in its sole discretion, to notify you of any changes to the Terms that we deem to be substantial or material, for your convenience and not based on any obligation of Jaber Soul.

BY CONTINUING TO ACCESS OR USE THE SERVICES AFTER ANY REVISIONS BECOME EFFECTIVE, YOU AGREE TO BE BOUND BY THE REVISED THE TERMS. IF YOU DO NOT AGREE TO THE REVISED THE TERMS, YOU ARE NO LONGER AUTHORIZED TO USE THE SERVICES AND MUST IMMEDIATELY DISCONTINUE ACCESS AND/OR USE.