Terms of Service

Terms of Service

In General

Johnny Giraffe LLC (“Johnny Giraffe”) is the owner and operator of this Website. The terms and conditions set forth in this document govern your relationship with Johnny Giraffe and your use of the website located at https://JohnnyGiraffe.com (“Website”).

Your access to and use of this Website, and the purchase and sale of the products and services that are available through this Website, (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services you are agreeing to each of these Terms of Service, all as may be updated by Johnny Giraffe from time to time. You should check this page regularly to take notice of any changes that Johnny Giraffe may have made to these Terms of Use.

Access to this Website is permitted on a temporary basis, and Johnny Giraffe reserves the right to withdraw or amend the Services without notice. Johnny Giraffe will not be liable if for any reason this Website and/or it’s Services, in part or in whole, are unavailable or restricted at any time or for any period of time.

This Website may contain links to other websites that are not operated by Johnny Giraffe (the “Linked Sites”). Johnny Giraffe has no control over the Linked Sites and accepts no responsibility for them, nor for any loss or damage that may arise from your use of the Linked Sites. Any use of the Linked Sites will be subject to the terms of use and service contained within each such Linked Site.

Prohibitions

By your use of this Website, you agree that you will not misuse this Website. You further agree that you will not: (a) commit or encourage a criminal offense; (b) transmit or distribute a virus, trojan, worm, logic bomb or any other material that is malicious, technologically harmful, in breach of an obligation of confidence or that is in any way offensive or obscene; (c) hack into any aspect of the Website or Service; (d) corrupt data; (e) cause annoyance to other users; (f) infringe upon the rights of any other person’s proprietary rights; (g) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or (h) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Any breach of this provision may constitute a criminal offense and Johnny Giraffe will report any such breach to all relevant law enforcement authorities and disclose your identity to them.

Johnny Giraffe will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Terms of Sale

Placing an order for products means that you are offering to purchase that product on and subject to the following terms and conditions of sale.

All purchasers must be eighteen (18) years of age or older and must possess a valid credit or debit card issued by a bank acceptable to Johnny Giraffe. Placement of an order indicates that you represent and warrant (1) that all of the information that you provide to Johnny Giraffe are true and accurate; (2) that you are an authorized user of the credit or debit card used to place your order; and (3) that there are sufficient funds to cover the cost of the products and Services ordered.

All orders placed on this Website are subject to: (1) product availability; and (2) Johnny Giraffe’s confirmation of the order quantity and price. Johnny Giraffe retains the right to refuse any orders. The cost of foreign products and services, if any, may fluctuate. All prices advertised are subject to change.

Product shipment may vary according to availability and is subject to any delays resulting from postal or courier delays, or force majeure for which Johnny Giraffe will not be responsible.

We do not ship products to the following states of America: NE, IA, ID, ND.

(a) Our Contract

When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order: this is not an acceptance of your order. No contract is formed until Johnny Giraffe transmits an e-mail confirmation that the goods that you ordered have been shipped to you. Only those goods listed in the confirmation e-mail sent at the time of shipment will be included in the contract formed.

(b) Pricing and Availability

Errors in product details, descriptions and prices may occur despite efforts to ensure accuracy. If Johnny Giraffe discovers an error in the price of any goods that you have ordered, then Johnny Giraffe will inform you regarding the error, and you will have the option of either reconfirming your order at the correct price or cancelling it. If Johnny Giraffe is unable to contact you, then Johnny Giraffe will treat the order as cancelled. If you cancel the order after you have already paid for the goods, then you will receive a 100% refund.

Delivery costs are in addition to product prices.

On receipt of your order Johnny Giraffe will seek authorization for payment from your card issuer. Your card will be debited upon receipt of that authorization, and funds received will be treated as a deposit against the value of the goods you have ordered for purchase.

(d) Refunds and Returns

All products are sold with a thirty (30) day refund policy. If you are not satisfied with your purchase for any reason within thirty days after your purchase, you will be issued a full 100% refund of your purchase price. Just go to our Refunds/Returns page and fill out the contact form with your reason.‬

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our website, blog or app?

When ordering or registering on our website, as appropriate, you may be asked to enter your name, email address, phone number or other details to help improve your experience and relationship with us.

When do we collect information?

We collect information from you when you subscribe to a newsletter, respond to a survey, fill out a form, use Live Chat or enter information on our site, or provide us with feedback on our products or services.

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
To improve our website in order to better serve you.
To allow us to better serve you in responding to your customer service requests.
To administer a contest, promotion, survey or other site feature.
To ask for ratings and reviews of products or services
To follow up with you after correspondence (live chat, email or phone inquiries)

How do we protect your information?

We do not use vulnerability scanning and/or scanning to PCI standards. We only provide articles and information. We never ask for credit card numbers. We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Do we use ‘cookies’?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the website’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:

Understand and save user’s preferences for future visits.
Keep track of advertisements.
Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since each browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.

If you turn cookies off, Some of the features that make your site experience more efficient may not function properly.

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information except for trusted partners.

Third-party links

Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Google

Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

We use Google AdSense Advertising on our website.

Google, as a third-party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.

We have implemented the following:

Remarketing with Google AdSense
Demographics and Interests Reporting

We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.

Opting out:

Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA, we agree to the following:

Users can visit our site anonymously.

Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.

Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.

You will be notified of any Privacy Policy changes:

On our Privacy Policy Page

Can change your personal information:

By emailing us

How does our site handle Do Not Track signals?

We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third-party behavioral tracking?

It’s also important to note that we allow third-party behavioral tracking

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under the age of 13 years old.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify you via email

Within 7 business days of finding out

We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

Send information, respond to inquiries, and/or other requests or questions
Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CAN-SPAM, we agree to the following:

Not use false or misleading subjects or email addresses.
Identify the message as an advertisement in some reasonable way.
Include the physical address of our business or site headquarters.
Monitor third-party email marketing services for compliance, if one is used.
Honor opt-out/unsubscribe requests quickly.
Allow users to unsubscribe by using the link at the bottom of each email.
Follow the instructions at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at: Service@JohnnyGiraffe.com and we will promptly remove you from ALL correspondence.

Intellectual Property Disclaimer

Any trademarks/names or copyrighted materials on this Website are owned by the respective trademark owners or copyright holders. Where a trademark or brand name is referred to it is used solely to describe or identify the products and Services and is in no way an assertion that such products or Services are endorsed by or connected to Johnny Giraffe.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law https://johnnygiraffe.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use or inability to use, performance or failures of this Website or the Linked Sites and any materials posted there on any of them, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

Indemnity

You agree to indemnify, defend and hold harmless Johnny Giraffe, its shareholders, directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Use.

Variation

Johnny Giraffe reserves the right in its absolute discretion to amend, remove or vary the Services and/or any page of this Website at any time and without notice.

Invalidity

If any provision of these Terms of Use or the application of these Terms of Use are construed or held to be void, invalid or unenforceable by the order, decree or judgment of a court of competent jurisdiction, then the remaining provisions of this Agreement will not be affected thereby but will remain in full force and effect.

Waiver

Any term or condition of these Terms of Use may be waived by Johnny Giraffe at any time, but no such waiver will be effective unless set forth in a written instrument waiving such term or condition and that is executed by an authorized representative of Johnny Giraffe. No waiver of any term or condition of these Terms of Use will be deemed to be or construed as a waiver of the same or any other term or condition of these Terms of Use on any future occasion.

Entire Agreement

The above Terms of Use constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Johnny Giraffe.