TERMS & CONDITIONS
Jamieson Manufacturing Co.
Last Updated: January 1, 2014
Access to Site
Subject to the terms and conditions of the Terms, we grant you a right to use the Site. Your right to use the Site will terminate immediately in the event that you are in breach of any of the Terms. We may terminate this license at any time for any reason or no reason. Except for the rights expressly granted herein, we reserve all other rights and no other rights, licenses or permissions are granted by implication or otherwise.
You do not need to create a Jamieson account to access the Site; however, we may, from time to time, restrict access to certain features, parts, or content of the Site, or the entire Site to only those users who have created a Jamieson account. If you create such an account, you are entirely responsible for the security and confidentiality of that account, including your password to access that account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of your account’s security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site.
Operation of the Site
We cannot guarantee the continuous, uninterrupted, or error-free operability of the Site. There may be times when all of (or certain features, parts, or content of) the Site becomes unavailable (whether on a scheduled or unscheduled basis) or is modified, suspended, or withdrawn. Such modifications, suspensions, and withdrawals are in our sole discretion and may be without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension, or withdrawal of the Site, or any features, parts, or content of the Site.
You may only use the Site in accordance with the Terms. You agree you will not engage or attempt to engage in any improper uses of the Site, including, but not limited to:
- violating any applicable law or regulation;
- impersonating or misrepresenting your affiliation with any person or entity;
- republishing, redistributing, or re-transmitting the Site;
- storing the Site (including pages of the Site) on a server or other storage device connected to a network or creating a database by systematically downloading and storing any data from the Site (other than for page caching);
- removing or changing any content of the Site or attempting to circumvent the security or interfere with the proper working of the Site or any servers on which it is hosted;
- creating links to the Site from any other website without our prior written consent;
- using any robot, data mining, screen scraping, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
- posting, distributing, or reproducing in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
- interfering with or disrupting the Site or the site or the servers or networks connected to the Site;
- posting, emailing, or otherwise transmitting any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; and
- modifying, copying, reproducing, duplicating, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling, or otherwise disassembling any portion of the Site or any software used on or for the Site or causing others to do so.
Intellectual Property Rights
You should assume that everything on the Site is copyrighted unless otherwise indicated and that it must not be used except as provided in the Terms or with the express written consent of Jamieson. All photos, images, and text on the Site, together with the design and layout of the Site, are copyrighted and may not be used without Jamieson’s written permission. All intellectual property rights in the Site and in any content of the Site (including, but not limited to, text, graphics, design, layout, software, photographs, and other images, videos, sound, trademarks and logos) are owned by us or our licensors. Except as expressly set forth herein, nothing in the Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading or using the Site. In the event you print off, copy, or store any part of the Site (only as permitted by these terms), you must ensure that any copyright, trademark, or other intellectual property right notices contained in the original content are reproduced.
Use of Marks
You may not copy or use the names, trademarks, logos, or brands of Jamieson or those of any of its affiliates or partners, in part, in modified form, or otherwise. Certain third-party names, trademarks, logos, and brands may appear on the Site, and those are the sole property of their respective owners, and you are similarly prohibited from copying or using such third-party names, trademarks, logos, and brands.
Disclaimer of Warranties and Assumption of Risk
THE SITE AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT; (B) OF ADEQUACY, ACCURACY, TIMELINESS, AND COMPLETENESS OF THE SITE, INFORMATION, CONTENT, OR RESULTS; (C) ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (D) OF SECURITY, UNINTERRUPTED, OR ERROR-FREE ACCESS OR USE OF THE SITE.
THE SITE AND ALL CONTENT OBTAINED BY YOU THROUGH THE SITE, INCLUDING THE LINKED SITES (AS DEFINED BELOW) IS OBTAINED AT YOUR OWN DISCRETION AND RISK. AS SUCH YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON ANY INFORMATION OR ON THE SITE OR ANY LINKED SITE.
Limitations on Liability
THE EXCLUSION OF DAMAGES UNDER THE FIRST PARAGRAPH OF THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY IN THE SECOND PARAGRAPH AND IT SURVIVES IN THE EVENT SUCH EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW, BOTH OF THESE LIMITATIONS OF LIABILITY APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) FAULT OR TORT (INCLUDING NEGLIGENCE AND MISREPRESENTATION), (D) STRICT LIABILITY OR (E) ANY OTHER CAUSE OF ACTION UNDER LAW OR EQUITY.
You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site in violation of the Terms or otherwise arising from your breach of the Terms.
The Site may contain links to other third-party websites or otherwise re-direct you to other third-party websites or services, including, but not limited to, payment processing services conducted by a third party that we may use to process your payment of amounts to us (collectively, the “Linked Sites”). The Linked Sites are not under our control and we are not responsible for any Linked Site, including, but not limited to, any content contained in a Linked Site or any changes or updates to a Linked Site. The Linked Sites may require you to agree to additional terms and conditions between you and such third party. WE ARE NOT RESPONSIBLE FOR ANY SUCH TERMS AND CONDITIONS OR ANY DAMAGES YOU MAY INCUR BY USING THE LINKED SITES.
We are providing these links and online payment processing services to you only as a convenience, and the inclusion of any link or use of such third-party payment processing services does not imply our endorsement of the site or any association with its operators. You use the Linked Sites and transfer payments through the Site solely at your own risk.
Governing Law and Venue. These Terms, and any dispute between you and us, shall be governed by the laws of the State of Texas without regard to principles of conflicts of law. You irrevocably submit to venue and exclusive personal jurisdiction in the federal and state courts located in Dallas County, Texas for any dispute arising out of the Terms, and you waive all objections to jurisdiction and venue of such courts. You hereby irrevocably waive your right to trial by jury.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but we may assign them without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
Severability. If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
No Waiver. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
If you believe that the Site or any content provided through the Site (a) copies your work in a way that constitutes copyright infringement, or (b) infringes, misappropriates, or violates your intellectual property rights, please provide us the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Notice of claims of copyright or other intellectual property infringement should be sent to:
Jamieson Manufacturing Co.
PO Box 769008
Dallas, TX 75376-9008
Attention: Legal Department
By email: email@example.com