Term & Conditions

Terms and conditions

TERMS OF USE

Last updated July 08, 2019

AGREEMENT TO TERMS

Africanstoreinusa.com is registered and operates under Jonhord.

These Terms of Use constitute a legal binding agreement made between you, whether personally or on behalf of an entity (“you”) and Jonhord (“company” ,”we” ,”us” ,or ,” our”), concerning your access to and use of the www.jonhord.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “site”). You agree that by accessing the site, you have read, understood, and agreed to be bound by all these Terms of use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modification to these Terms of use at any time and for any reason. We will alert you about any changes by updating the “last updated” date of these terms of use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these terms of use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised terms of use by our continued use of the site after the date such revised terms of use are posted.

The information provided on the site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subjects us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the site.

USER GENERATED CONTRIBUTIONS

The site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestion, or personal information or other material (collectively “contributions”). Contributions may be viewable by other users of the site and the marketplace offerings and through third-party websites. As such, any contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses , rights, consents, releases, and permissions to use and to authorize us, the site, and the other users of the site to use your contributions in any manner contemplated by the site and these terms of use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your contributions in any manner contemplated by the site and these terms of use.
Your contributions are not false, inaccurate, or misleading.
Your contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
Your contributions do not violate any applicable law, regulation, or rule.
Your contributions do not violate the privacy or publicity rights of any third party.
Your contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
Your contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preferences, or physical handicap.
Your contributions do not otherwise violate, or link to material that violates, any provision of these terms of use, or any applicable law or regulation.

Any use of the site or the marketplace offerings in violation of the foregoing violates these terms of use and may result in, among other things, termination, or suspension of your rights to use the site and the marketplace offerings.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the site or the marketplace offerings (“submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such submissions, and you hereby warrant that any such submissions are original with you or that you have the rights to submit such submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any of any proprietary right in your submissions.

THIRD-PARTY WEBSITES AND CONTENT

The site may contain (or you may be sent via the site or the marketplace offerings) links to other websites (“third-party websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“third-party content”). Such third-party websites and third-party content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third party websites accessed through the site or any third-party 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 websites or the third-party content inclusion of, linking to, or permitting the use or installation of any third-party websites or any third-party content does not imply approval or endorsement thereof by us. If you decide to leave the site and access the third-party websites or to use or install any third-party content, you do so at your own risk, and you should be aware these terms of use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any websites to which you navigate from the site or relating to any applications you use or install from the site. Any purchases you make through the third-party websites will be through other websites and from other companies and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on third-party websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-party content or any contact with Third-Party websites.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the site for violations of these terms of use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these terms of use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our discretion and without limitation, notice, or liability, to remove from the site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the site in a manner designed to protect our rights and property and to facilitate the proper functioning of the site and the marketplace offerings.

SUBMISSIONS

THIRD-PARTY WEBSITES AND CONTENT

SITE MANAGEMENT

GOVERNING LAW

These terms of use and your use of the site and the marketplace offerings are governed by and construed in accordance with the laws of the state of Maryland applicable to agreements made and to be entirely performed within the state of Maryland, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Binding Arbitration

If the parties are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT HIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s supplementary procedures for consumer related disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of the arbitrator compensation shall be governed by the AAA consumer rules and, where appropriate, limited by the AAA consumer rules. If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in United States Country, Maryland. Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator.

If for any reason, a dispute proceeds in court rather than arbitration, the dispute shall be commenced or prosecuted in the State and federal courts located in Baltimore county, Maryland, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non convenience with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these terms of use.

In no event shall any dispute brought by either party related in any way to the site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.

Restrictions

The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other person.

PURCHASES AND PAYMENT

We accept the following forms of payment:

– PayPal

– Stripe

– Visa

– Mastercard

– American Express

– Discover

You agree to provide current complete, and accurate purchase and account information for all purchases made via the site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.

RETURN/REFUNDS POLICY

Please review our return policy posted on the site prior to making any purchases.

MOBILE APPLICATION LICENSE

Use License

If you access the marketplace offerings via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these terms of use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the apple store or google play (each an “App distributor”) to access the marketplace offerings: (1) the license granted to you for our mobile application is limited to a non- transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App distributors terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these terms of use or as otherwise required under applicable law, and you acknowledge that each App distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App distributor, and the App distributor in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App distributor will have to other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting “ country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these terms of use, and that each App distributors will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these terms of use against you as a third-party beneficiary thereof.

PROHIBITED ACTIVITIES

You may not access or use the site for any purpose other than that for which we make the site available. The site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the site, you agree not to:

Systematically retrieve data or other content from the site to create or compile, directly or indirectly, a collection, database, or directory without written permission from us.
Make any unauthorized use of the site, including collecting usernames and/or email address of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Circumvent, disabled, or otherwise interfere with security-related features of the site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the site and/or the content contained therein.
Engage in unauthorized framing of or linking to the site.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tolls.
Interfere with, disrupt, or create an undue burden on the site or the networks or services connected to the site.
Attempt to impersonate another user or person or use the username of another user.
Use any information obtained from the site to harass, abuse, or harm another person.
Use the site as part of any effort to compete with us or otherwise use the site and/or the content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the site.
Attempt to bypass any measure of the site designed to prevent or restrict access to the site, or any portion of the site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the site to you.
Delete the copyright or other proprietary rights notice from any content.
Copy or adapt the site’s software, including but not limited to flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, trojan horses, or other material, including excessive use of capital letters and spamming ( continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations, or maintenance of the site.
Upload or transmit ( or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1*1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanism” or “pcms”).
Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the site, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the site.
Use the site in a manner inconsistent with any applicable laws or regulations.

USER GENERATED CONTRIBUTIONS

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses , rights, consents, releases, and permissions to use and to authorize us, the site, and the other users of the site to use your contributions in any manner contemplated by the site and these terms of use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your contributions in any manner contemplated by the site and these terms of use.
Your contributions are not false, inaccurate, or misleading.
Your contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
Your contributions do not violate any applicable law, regulation, or rule.
Your contributions do not violate the privacy or publicity rights of any third party.
Your contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
Your contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preferences, or physical handicap.
Your contributions do not otherwise violate, or link to material that violates, any provision of these terms of use, or any applicable law or regulation.

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