If you do not agree to these terms and conditions, please do not use this site.
Modifcations of this Agreement
Jackson Galaxy Enterprises RESERVESTHE RIGHT IN ITS SOLE DISCRETION,TO MODIFYTHISAGREEMENTATANY TIME BY POSTINGANOTICE ON THE WEBSITE,OR BY SENDING YOUANOTICE VIA EMAIL.YOU SHALL BE RESPONSIBLE FOR REVIEWINGAND BECOMING FAMILIARWITH ANYSUCH MODIFICATIONS.SUCH MODIFICATIONSARE EFFECTIVE UPON FIRST POSTINGOR NOTIFICATION,AND USE OF THE WEBSITE ORANYSERVICES BYYOU FOLLOWING SUCHPOSTING OR NOTIFICATION CONSTITUTESYOURACCEPTANCE OF THE TERMS AND CONDITIONSOF THIS AGREEMENTAS MODIFIED.YOU AGREE TO REVIEW THIS AGREEMENT REGULARLY TOENSURE THATYOU ARE UPDATEDAS TO ANYCHANGES.THESE TERMSAND CONDITIONS,TOGETHER WITH THE SITE’S PRIVACY POLICY, ANY OTHER LEGAL NOTICES PUBLISHED ON THEWEBSITE,SHALL CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU ANDJackson GalaxyEnterprises CONCERNING THE WEBSITE.
Accounts
In order to access some features of the website,you may have to create a membership account.You may never useanother persons account,username or password without permission.When creating your account,you must provideaccurate and complete information.You are solely responsible for the activity that occurs on your account,and youmust keep your account password secure.You must notify us immediately of any breach of security or unauthorizeduse of your account.You may be required to expressly accept or reject these Terms and Conditions when youregister; you agree that any requirement that you do so does not in any way vitiate your assent to comply with theTerms and Conditions.Although Jackson Galaxy Enterprises will not be liable for your losses caused by anyunauthorized use of your account,you may be liable for the losses of Jackson Galaxy Enterprises or others due tosuch unauthorized use.
Eigibity
By using the site,you represent and warrant that (i)all registration information you submit is accurate and truthful;(i)you will maintain the accuracy of such information; and(i)you are18 years of age or older (ifyou are agreeing tothese terms and conditions on behalf of a minor, you certify that you are such minor’s legal guardian).
Copyight
The entire content included in this site,including but not limited to text,graphics or code is copyrighted as acollective work under the United States and other copyright laws,and is the property of Jackson Galaxy Enterprises.The collective work includes works that are licensed to Jackson Galaxy Enterprises.Copyright 2003,Jackson GalaxyEnterprises ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions ofthis site for the sole purpose of placing an order with Jackson Galaxy Enterprises or purchasing Jackson GalaxyEnterprises products.You may display and,subject to any expressly stated restrictions or limitations relating tospecific material,download or print portions of the material from the different areas of the site solely for your ownnon-commercial use,or to place an order with Jackson Galaxy Enterprises or to purchase Jackson Galaxy Enterprisesproducts.Any other use,including but not limited to the reproduction,distribution,display or transmission of thecontent of this site is strictly prohibited,unless authorized byJackson Galaxy Enterprises.You further agree not tochange or delete any proprietary notices from materials downloaded from the site.
Trademarke
Alltrademarks, servicemarksandtradanamesofJackson GALaxyEnterprisesused in thesitearetrademarksorregisteredtrademarksofJackson GALaxyEnterprises
Waranty Diaclaimer
This site and the materials and products on this site are provided”as is”and without warranties of any kind,whetherexpress or implied.To the fullest extent permissible pursuant to applicable law,Jackson Galaxy Enterprises disclaimsall warranties,express or implied,including,but not limited to,implied warranties of merchantability and fitness for aparticular purpose and non-infringement.Jackson Galaxy Enterprises does not represent or warrant that thefunctions contained in the site will be uninterrupted or error-free,that the defects will be corrected,or that this siteor the server that makes the site available are free of viruses or other harmful components.Jackson GalaxyEnterprises does not make any warrantees or representations regarding the use of the materials in this site in terms oftheir correctness,accuracy,adequacy,usefulness,timeliness,reliability or otherwise.Some states do not permitlimitations or exclusions on warranties,so the above limitations may not apply to you.
Limitationof Liblity
IN NO EVENT SHALLJackson Galaxy Enterprises,ITS SUPPLIERS,OR THEIR RESPECTIVE OFFICERS,DIRECTORS,EMPLOYEES,ORAGENTS,BE LIABLE TO YOU ORANYTHIRD PARTY FORANYINDIRECT,INCIDENTAL,SPECIAL,PUNITIVE,OR CONSEQUENTIAL DAMAGES WHATSOEVER,INCLUDING LOST PROFITS,WHETHER BASED ON WARRANTY,CONTRACT,TORT,ORANYOTHERLEGALTHEORY,AND WHETHERORNOTJackson Galaxy Enterprises ISADVISED OF THE POSSIBILITYOF SUCH DAMAGES.THE FOREGOING LIMITATION OF LIABILITY SHALLAPPLYTO THE FULLESTEXTENT PERMITTED BYLAW IN THE APPLICABLE JURISDICTION.SUBJECT TO THE FOREGOING,Jackson Galaxy EnterprisesS LIABILITY TOYOU FORANYREASON,WILL BE LIMITED TO THEAMOUNTPAID,IFANY,BYYOU TOJackson Galaxy Enterprises FOR SERVICES IN CONNECTION WITH THEWEBSITE.
Typegrphical Erors
In the event that aJackson Galaxy Enterprises product is mistakenly listed at an incorrect price,Jackson GalaxyEnterprises reserves the right to refuse or cancel any orders placed for product listed at the incorrect price.JacksonGalaxy Enterprises reserves the right to refuse or cancel any such orders whether or not the order has beenconfirmed and your credit card charged.Ifyour credit card has already been charged for the purchase and your orderis cancelled,Jackson Galaxy Enterprises shall isue a credit to your credit card account in the amount of the incorrectprice.
Term;Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration orshopping process.These terms and conditions,or any part of them,may be terminated by Jackson Galaxy Enterpriseswithout notice at any time,for any reason.The provisions relating to Copyrights,Trademark,Disclaimer,Limitation ofLiability,Indemnification and Miscellaneous,shall survive any termination.
Notice
Jackson Galaxy Enterprises may deliver notice to you by means of e-mail,a general notice on the site,or by otherreliable method to the adress you have provided to Jackson Galaxy Enterprises.
Miscellneous
Your use of this site shall be governed in all respects by the laws of the state of California,U.S.A.,without regard tochoice of law provisions,and not by the 1980U.N.Convention on contracts for the international sale of goods.Youagree that jurisdiction over and venue in any legal proceeding directly orindirectly arising out of or relating to this site(including but not limited to the purchase of Jackson Galaxy Enterprises products)shall be in the state or federalcourts located in LosAngeles County,California.Any cause of action or claim you may have with respect to the site(including but not limited to the purchase of Jackson Galaxy Enterprises products)must be commenced within one(1)year after the claim or cause of action arises.Jackson Galaxy Enterprisess failure to insist upon or enforce strictperformance of any provision of these terms and conditions shall not be construed as a waiver of any provision orright.Neither the course of conduct between the parties nor trade practice shall act to modify any of these termsand conditions.Jackson Galaxy Enterprises may assign its rights and duties under this Agreement to any party at anytime without notice to you.If any provision of these Terms and Conditions is deemed invalid or unenforceable by acourt of competent jurisdiction,the invalidity or unenforceability of such provision shall not affect the validity orenforceability of the remaining provisions of these Terms and Conditions,which shall remain in full force and effect.No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term orany other term,and Jackson Galaxy Enterprisess failure to assert any right or provision under these Terms andConditions shall not constitute a waiver of such right or provision.
Use of Site
Harassment in any manner or form on the site,including via e-mail,chat,or by use of obscene or abusive language,isstrictly forbidden.Impersonation of others,including a Jackson Galaxy Enterprises or other licensed employee,host,or representative,as well as other members or visitors on the site is prohibited.You may not upload to,distribute,orotherwise publish through the site any content which is libelous,defamatory,obscene,threatening,invasive of privacyor publicity rights,abusive,illegal,or otherwise objectionable which may constitute or encourage a criminaloffense,violate the rights of any party or which may otherwise give rise to liability or violate any law.You may not uploadcommercial content on the site or use the site to solicit others to join or become members of any other commercialonline service or other organization.
ClasAetion Waiver
Waiver of class action: these terms and conditions provide for the exclusive resolution of disputes through individuallegal action or arbitration on your own behalf instead of through any class or representative action.Even if theapplicable law provides otherwise,you agree that any arbitration or lawsuit against us whatsoever shall belitigated by aparticipant individually and not as a member of any class or as part of a class or representative action,and eachparticipant expressly agrees to waive any law entitling participant to participate in a class action.If a claim is subject toarbitration,the arbitrator shall have no authority to arbitrate claims on a class action basis.
Participation Dieclaimer
Jackson Galaxy Enterprises does not and cannot review all communications and materials posted to or created byusers accessing the site,and is not in any manner responsible for the content of these communications and materials.You acknowledge that by providing you with the ability to view and distribute user-generated content on the site,Jackson Galaxy Enterprises is merely acting as a passive conduit for such distribution and is not undertaking anyobligation or liability relating to any contents or activities on the site.However,Jackson Galaxy Enterprises reservesthe right to block or remove communications or materials that it determines to be (a)abusive,defamatory,orobscene,(b)fraudulent,deceptive,or misleading,(c)in violation of a copyright,trademark or; other intellectualproperty right of another or(d)offensive or otherwise unacceptable to Jackson Galaxy Enterprises in its solediscretion.
Indemnifcation
You agree to indemnify,defend,and hold harmlessJackson Galaxy Enterprises,its officers,directors,employees,agents,licensors and suppliers (collectively the”Service Providers”)from and againstall loses,expenses,damages andcosts,including reasonable attorneys fees,resulting from any violation of these terms and conditions or any activityrelated to your account Cincluding negligent or wrongful conduct)by you or any other person acessing the site usingyour Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors,Jackson Galaxy Enterprises may link to sites operated by thirdparties.However,even if the third party is afiliated with Jackson Galaxy Enterprises,Jackson Galaxy Enterprises hasno control over these linked sites,all of which have separate privacy and data collection practices,independent ofJackson Galaxy Enterprises.These linked sites are only for your convenience and therefore you access them at yourown risk.Nonetheless,Jackson Galaxy Enterprises seeks to protect the integrity of its web site and the links placedupon it and therefore requests any feedback on not only its own site,but for sites it links to as well includingifaspecific link does not work).
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