Terms of Use

Tolu Jean-Jules (also referrered as “I”, “me”, “we”, “us”, “The Company”) is dedicated to providing provides general and educational information, tips, personal experiences, discussions around diabetes, wellness, sustainability and other related subjects as a public service, made available through www.tolujeanjules.com and its affiliated websites (the “Site”), which are expressly and unconditionally subject to the following Terms of Use (“TOU”). We reserve the right to update the TOU at any time and without notice to you. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of the www.tolujeanjules.com home page.

This Site (together with the documents referred to on it) is a binding agreement and represents the Terms of Use for our Site.

Please read these Terms of Use carefully before you start to use the Site.

The TOU are applicable to and govern your use of any Services or Content (as defined below) made available on the Site or as made available on any other website to which you are directed to through a hypertext link or other link provided by us on the Site. Please be aware that any website to which you are directed to a hypertext link or other link provided by us on the Site may contain separate terms and conditions or other policies that may be different from these TOU and which are expressly applicable to the online products, services and events provided by the website.

By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use, and acknowledge that any other agreements between you and us are superseded with respect to this subject matter. If you do not agree and accept, without limitation or qualification, these Terms of Use, please exit the Site.

LEGAL AGE:

You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site. If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Site. If you are under 13 years old, you may browse our Site. However, you may not provide personal information to us, make a purchase on the Site nor register on the Site. This Site is not directed to children under 13 years old. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT USE OUR SITE

By entering into this Agreement, you represent and acknowledge that you are of legal age in the province/country of your residency.

OWNERSHIP:

The Site and all of its contents including, but not limited to, all text, logos, videos and images (“Content”) are owned and copyrighted by us with all rights reserved unless otherwise noted (we might use copyright free images from time to time). Your use of any Content, except as provided in these Terms of Use, without the written permission of the Content owner is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

DESCRIPTION OF SERVICES:

The information contained in or made available through this Site is strictly our opinion and cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, financial, medical, business or legal matters.

In particular, you should regularly consult a doctor in all matters relating to any disease (in this case diabetes), physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Site (including but not limited to any product or service purchased, utilized or otherwise obtained through this Site). Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.

 

CONTENT:

You may provide links to our Sites as long as:

  • you clearly give credit to us as the author,
  • include a hyperlink to our Site,
  • you do not remove or obscure any portion of our Site by framing or otherwise,
  • your website does not engage in illegal or pornographic activities, and
  • provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not provide links in such a way as to suggest any form of association, approval or endorsement on our part without our prior written consent.

REVISIONS AND ERRATA:

The materials appearing on the Site are exclusively our opinion, therefore, they may include technical, typographical, or photographic errors. The Site does not warrant that any of the materials on its websites are accurate, complete, or current. The Site may make changes to the materials contained on its websites at any time without notice. The Site does not, however, make any commitment to update the materials.

 OTHER LINKS:

These Terms of Use apply only to this Site, and not to the sites of any other companies or organizations, including those to which this Site may link. We are not responsible for the availability of any other site to which this Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site administrator or webmaster.

Other sites may link to this Site only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Site. To seek our permission, you may send an email to hello@tolujeanjules.com. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link this Site, at our discretion at any time.

The services, products and materials on or from this site are provided “as is” and without warranties of any kind, either express or implied. We disclaim all warranties to the maximum extent of the law, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

Neither we nor any of our respective licensors or suppliers warrant that any functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes them available are free of viruses or other harmful components.

Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products or materials in this site in terms of their correctness, accuracy, reliability, or otherwise. you (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system.

We do not endorse, warrant or guarantee any products or services offered on the Site. We are not a party to, and do not monitor, any transaction between users and third-party providers of products or services.

AFFILIATE LINKS:

We may have a financial relationship with some of the companies we mention.

The Site may contain affiliate links, which means we may get compensated at no extra cost to you if you make a purchase through a link.

Our editorial content, including the opinion we express on products, services and merchants are not influenced in any way by advertisers or affiliate partnerships.

We only endorse products, services and merchants that we have personally investigated/used/tested and consider of the highest quality standard.

Please refer to our disclaimer for further information.

LIMITATION OF LIABILITY FOR SERVICES MADE AVAILABLE ON THE SITE:

In no event shall we and/or our respective agents, affiliates, service providers, suppliers or subsidiaries be liable for any actual, special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of, transaction with third parties based on postings, listings, Content or other information available through or in connection with the Services accessible through the Site. You expressly agree that the laws of North Carolina, without regard for any applicable conflict of laws principles, shall apply to any dispute concerning your use of the Services, Content or any other matter related to the Site. You further expressly agree and consent to the exercise of personal jurisdiction in Mumbai for any dispute concerning your use of the Services, Content, the TOU or any other matter relating to the Site. You additionally expressly agree to and consent to a court of competent jurisdiction located in North Carolina as providing the exclusive venue for any dispute concerning your use of the Services, Content, the TOU or any other matter relating to the Site.

RESTRICTIONS ON USE:

The contents of this site are protected by copyright and trademark laws, and are the property of their owners (isolated posts may contain copyright free images). Unless we say otherwise, you may access the materials located within the Site only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted materials, you do not obtain any ownership rights in that material.

You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site. Only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from the Site.

You must abide by all additional copyright notices or other restrictions contained in any of the Site.

You agree not to do any of the following while using the Site:

– harass, stalk or otherwise abuse another user;

– transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Site), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);

– transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;

– upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Site.

– impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;

– transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or

– violate any applicable local, state, federal or international law, rule or regulation.

PRIVACY:

We are dedicated to respecting the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into these Terms of Use. Please review our Privacy Policy for more information

Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by accordance with our Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and nonproprietary.

DISCLAIMER:

Your acceptance of our Disclaimer is expressly incorporated into these Terms of Use. Please review the Disclaimer for more information.

 NO WARRANTIES:

All content, information, products and/or services on the website are “as is” and “as available” basis without any representations or warranties of any kind including the warranties of merchantability or fitness for any purpose, express or implied to the full extent permissible by law. We make no representations or warranties as to the content, information, materials, products and/or services provided on this website. We make no warranties that the website will perform or operate to meet your requirements or that the information presented here will be complete, current or error-free. We disclaim all warranties, implied and express for any purpose to the full extent permitted by law.

LIMITATION OF LIABILITY:

You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here.

You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, the outcome of your actions, personal and business results, and for all other use in connection with the website.

You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website; 3) any theft or unauthorized access by third party of your information from the website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here.

This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.

SEVERABILITY:

If any provision in these Terms of Use is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.

INDEMNIFICATION:

You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including advocate’s fees, arising from and related to your use of the Site.

NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:

Notification of claimed copyright infringement should be sent to our designated agent via electronic mail to hello@tolujeanjules.com the phrase “Copyright Infringement Notification” in the subject matter line or through mail addressed to P.O Box 12262 Durham, NC 27703, United States of America. We will not provide a response to any inquiry transmitted or sent to its designated agent that is not relevant to the foregoing copyright infringement notification procedure.

 GOVERNING LAW:

This Agreement will be governed by, and construed in accordance with, the laws of North Carolina, without reference to rules governing choice of laws. You irrevocably and unconditionally waive, to the fullest extent permitted by law, any right you may have to participate as a representative or member of any class of claimants in any class action against us, or any of our affiliated entities, now or hereafter pending relating to transactions evidenced by this Agreement or similar transactions.

ENTIRE AGREEMENT:

You agree that these Terms of Use describe the entire agreement between us with respect to its subject matter. The laws of North Carolina will control the terms of use provided in these TOU, without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any provision of these TOU is invalid or unenforceable, you agree that the other provisions of these TOU will remain in full force and effect. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to us or these TOU more than one (1) year after such claim or cause of action arose.

Any rights not expressly granted herein by us to the visitors, users or members of the Services and/or Content made available through the Site are reserved.

If you have any questions regarding these TOU, please email us at hello@tolujeanjules.com.

Last Update: January 2021.

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