Jesco Iron Craft, Inc., d/b/a Jescraft
TERMS & CONDITIONS OF USE
Please read this agreement (“Agreement”) carefully before accessing or using this web site or any other web site (“Site”) of Jesco Iron Craft, Inc. (“Jescraft”) that this web site links to. By accessing or using the Site, you agree to be bound by this Agreement. Jescraft, and its suppliers provide the information and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this site constitutes your agreement to all such terms, conditions and notices. If you do not agree with this Agreement, please do not use or access the Site.
The information and services offered on this Site are provided with the understanding that neither Jescraft, nor its suppliers or users are engaged in rendering legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site. Additional terms and conditions may apply to purchases of goods or services from Jescraft and to specific portions or features of the Site, including specific product pages, promotions and other features, all of which terms are made a part of this Agreement by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between this Agreement and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Jescraft maintains copyright protection in all materials, information and publications, including text, images, audio and video, and any materials accessed or made available for use or download through this Site (collectively, “Content”). Jescraft consents to normal downloading, photocopying and distribution of the information for non-commercial purposes by you or within your organization only. In consideration of this consent, you agree that copies of the Content will retain all copyright and other proprietary notices and that you will not modify the Content in any way. Except where your use constitutes “fair use” under copyright law, you may not, without Jescraft’s written permission, “mirror” or “frame” any material contained on this Site. Jescraft, Jesco Iron Craft, Inc. and all other names, logos, and icons identifying Jescraft and its products and services are proprietary marks of Jesco Iron Craft, Inc., and any use of such marks without the express written permission of Jescraft is strictly prohibited (including without limitation use of such marks in connection with republication or citation of the rankings contained in the Site). Unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and communications regulations and statutes.
Certain information available on this Site is provided by other parties, particularly information about such other parties. You understand that all such information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, are the sole responsibility of the originating party and that Jescraft has no responsibility for such content and does not guarantee the accuracy, integrity or quality of such content. In no event is the inclusion of a statement about another party, a reference to such other party, or a web link to another party’s website and endorsement of such other party, their products or their services.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Site, you warrant to Jescraft, that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the Site automatically terminates.
The Content is provided and made available for informational purposes only. While Jescraft strives to keep the Content accurate, complete, and up-to-date, Jescraft does not represent, warrant, promise, or guarantee its completeness, timeliness, or accuracy and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the Content. The Content is subject to change without notice. Products and services described, as well as any pricing made available via the Site may differ among geographic locations. Not all products and services are offered in every country.
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement. You agree to comply with your responsibilities and obligations as stated in this Agreement. You warrant that you will not falsely identify yourself or impersonate or falsely represent your affiliation with any person or entity. Except with the written permission of Jescraft, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Site. Unauthorized individuals attempting to access prohibited areas of the Site may be subject to legal prosecution. In addition, you further represent and warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement, including without limitation the posting or transmitting of any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. You understand and agree that you are solely responsible for all Content you submit, post, upload or otherwise provide to or through the Site, whether publicly or privately transmitted.
You use this Site at your own risk. Jescraft is not responsible for the consequences of or reliance on any Content contained in or submitted to the site, or products or services obtained through the Site, or files available for download, and the risk of injury from the foregoing rests entirely with you.
THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. JESCRAFT, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT, PRODUCTS, OR SERVICES DESCRIBED ON THE SITE AT ANY TIME AND WITHOUT PRIOR NOTICE OR LIABILITY TO YOU. JESCRAFT DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH CONTENT. JESCRAFT RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE. FURTHERMORE, BY OFFERING THE SITE AND CONTENT, PRODUCTS OR SERVICES VIA THE SITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY JESCRAFT TO ANY PERSON TO USE THE SITE OR SUCH CONTENT, PRODUCTS, OR SERVICES IN ANY JURISDICTIONS WHERE THE PROVISION OF THE SITE OR SUCH CONTENT, PRODUCTS, OR SERVICES IS PROHIBITED BY LAW.
EXCEPT AS PROVIDED ELSWHERE ON THIS SITE, JESCRAFT MAKES NO OTHER WARRANTY, EITHER EXPRESS OR IMPLED, AND ALL CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL JESCRAFT, ITS AFFILIATES AND/OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS, LOST OPPORTUNITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF JESCRAFT, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, JESCRAFT’S LIABILITY AND ITS AFFILIATES AND/OR SUPPLIERS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless Jescraft, its affiliates and suppliers from any liability, loss, claim and expense (including attorneys’ reasonable fees) arising out of or related to your use of the Site, including any Content, or any violation or breach of this Agreement.
LINKS TO THIRD PARTY SITES
This Site may contain hyperlinks to web sites operated by parties other than Jescraft, or its affiliates. Inclusion of hyperlinks by Jescraft, to web sites does not imply any endorsement of the material on such web sites or any association with their operators, and your access and use of such sites, including information, material, products and services therein, is solely at your own risk.
CHANGES TO SITE
Jescraft, its affiliates and/or its suppliers may make improvements or changes in the Content, information, services, products, and other materials on this Site, or terminate this Site, at any time without notice. Jescraft, may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.
When you visit the Site or send e-mails to Jescraft, you are communicating with Jescraft electronically. Therefore, you consent to receive communications from Jescraft electronically. Jescraft may communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that Jescraft provides to you electronically satisfy any legal requirement that such communications be in writing. Computer maintained records of a party when produced in hard copy form shall constitute business records and shall have the same validity as any other generally recognized business records.
GOVERNING LAW; JURISDICTION
This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of New Jersey, U.S.A., without giving effect to any principles of conflicts of law. Failure by Jescraft, or its affiliates to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. For all litigation of disputes or controversies which may arise between you and Jescraft or any of its affiliates, you consent to the exclusive jurisdiction of the courts of the State of New Jersey, U.S.A. and the United States district courts sitting in the State of New Jersey, U.S.A., and agree that any and all such disputes and controversies shall be determined exclusively by one of such courts. Notwithstanding the foregoing, Jescraft (or its affiliate), at its election, may commence and prosecute such litigation (a) in any jurisdiction in which you reside or transact any business; or (b) through binding arbitration in New Jersey, U.S.A., pursuant to and in accordance with the Commercial Arbitration Rules and related procedures of the American Arbitration Association then in effect, by a single arbitrator appointed in accordance with such rules, provided, however, that any valid award issued or made pursuant to such arbitration may be enforced by any court of competent jurisdiction. You waive personal service of process, and further consent that such service of process may be made by a reputable express-delivery service (e.g., FedEx or DHL). You agree that neither the Hague Uniform Law for the Sales of Goods of July 7, 1964, nor the United Nations Convention on Contracts for the International Sales of Goods (Vienna 1980) will be applicable.
This Agreement supersedes all prior understanding, communications, policies, agreements, advertising materials or catalogs furnished between you and Jescraft.