TERMS AND CONDITIONS OF USE
General
Welcome to the Internet Site of J-Pak, Inc., which operates various websites such as j-pak.com (collectively, "J-Pak, Inc. Websites"). Please carefully review these terms and conditions ("Terms of Use"), the Privacy Policy, and the terms and conditions on the J-Pak, Inc. Websites. YOUR USE OF ANY J-PAK, INC. WEBSITE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THIS AGREEMENT, AS MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY J-PAK, INC., IN ACCORDANCE WITH THIS AGREEMENT. IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THESE TERMS OF USE, THE PRIVACY POLICY AND THE ADDITIONAL TERMS AND CONDITIONS, THE FOLLOWING ORDER OF PRECEDENCE SHALL CONTROL: (1) TERMS OF USE, (2) PRIVACY POLICY AND (3) ADDITIONAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS ANY J-PAK, INC. WEBSITE.
Modifications of This Agreement
J-Pak, Inc. reserves the right to change, modify, amend and/or update this Agreement at any time with or without prior notice. Your use of any J-Pak, Inc. Website following any such changes, modifications, amendments and/or updates constitutes your unconditional agreement to follow and be bound by this Agreement as so changed, modified, amended and/or updated. You are responsible for reviewing this Agreement each time you use or access any J-Pak, Inc. Website.
Links
J-Pak, Inc. is not affiliated or associated with the sponsors, owners or producers of any third party websites linked to or from any J-Pak, Inc. Website. These linked sites are not under our control and we explicitly disclaim any responsibility for the accuracy, content or availability of the information products, and/or services found on or through such third party sites. We do not endorse and have not taken any steps to confirm the accuracy or reliability of any of the information, products or services contained on or through such third party sites. We do not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any third party site.
Solely Intended for United States Users
Unless otherwise explicitly specified on the J-Pak, Inc. Websites, the information on all J-Pak, Inc. Websites are intended solely for use and access by persons residing in the United States, its territories and possessions. J-Pak, Inc. controls and operates its Websites from offices located in the Untied States and makes no representations or warranties that the information, products or services contained on any of the J-Pak, Inc. Websites is appropriate for use or access in other locations. Anyone using or accessing any of the J-Pak, Inc. Websites from other locations do so on their own initiative and are responsible for compliance with local United States laws, if and to the extent applicable.
Use
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of any J-Pak, Inc. Website are copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by J-Pak, Inc. or by third parties who have licensed their materials to J-Pak, Inc. and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement and assembly) of all materials on any J-Pak, Inc. Website is the exclusive property of J-Pak, Inc. and is protected by U.S. and international copyright laws. Except as solely provided in the next sentence, no material from any J-Pak, Inc. Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that: (a) you keep intact all copyright and other proprietary notices; (b) you do not use the materials in a manner that suggests an association with any of our products, services or brands; and (c) you make no modifications to the materials. In addition, you agree not to: (m) use or access any J-Pak, Inc. Website for any purpose that is unlawful or prohibited by this Agreement; (n) use or access any J-Pak, Inc. Website in a manner that could damage, disable, overburden, or impair any Company server or the networks connected to any Company server; (o) interfere with any third party’s use and enjoyment of any J-Pak, Inc. Website; or (p) attempt to gain unauthorized access to accounts, computer systems or networks connected to any Company server through hacking, password mining or any other means.
Registration, Authorization and Access
To enter certain portions of the J-Pak, Inc. Websites, you may be required to submit an on-site registration form, which may include, without limitation, your name, address, email address, age, gender and/or credit card information ("Application"). You agree that for the Application, and at all times thereafter, to: (a) provide current, complete, true and accurate information; (b) maintain and update your information as required to keep it current, complete and accurate; and/or (c) provide additional information about yourself as may be requested by J-Pak, Inc. from time to time. Please note that J-Pak, Inc. may use any Application information in accordance with its Privacy Policy.
J-Pak, Inc. will review the Application and determine, in J-Pak, Inc.'s sole discretion, whether to accept the Application. J-Pak, Inc. shall have the right, in its sole discretion, to refuse or restrict anyone from access to any or all of the J-Pak, Inc. Website(s) at any time for any reason. Upon acceptance of your Application by J-Pak, Inc., you may select your user ID and password (collectively "Password") for access to and use of the applicable portion of the J-Pak, Inc. Website.
User Ids/Passwords
J-Pak, Inc. reserves the right to require you to periodically change your password. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to anyone else, and you shall not use anyone else’s Password. You agree to notify J-Pak, Inc. immediately about any unauthorized use of your Password or any breach of security. You further agree that J-Pak, Inc. shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Password by you or anyone other than J-Pak, Inc..
Charges and Payment
J-Pak, Inc. may charge a user, products, shipping and handling or other fees. In those instances where a fee may be charged, J-Pak, Inc. will notify you of the fee prior to your submission of your Application, and your submission of your Application will serve as your authorization for J-Pak, Inc. to charge your credit card automatically for the fee. In some cases, the fee may be a recurring fee, and your submission of your Application authorizes J-Pak, Inc. to charge your credit card on such recurring basis for the applicable fees. If J-Pak, Inc. does not receive payment from the card issuer, you agree to pay J-Pak, Inc. all amounts due upon demand. J-Pak, Inc. may take commercially reasonable actions to verify your credit card. You agree to pay all reasonable attorneys' and collection fees arising from J-Pak, Inc. efforts to collect any past due amounts from you to the extent allowed by law.
Disclaimer
ALL J-PAK, INC. WEBSITES ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. J-PAK, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ANY J-PAK, INC. WEBSITE OR THE INFORMATION INCLUDED ON ANY SUCH WEBSITE. J-PAK, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. J-PAK, INC. DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN ANY J-PAK, INC. WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY J-PAK, INC. WEBSITE OR THE SERVER THAT MAKES ANY J-PAK, INC. WEBSITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. J-PAK, INC. DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON ANY J-PAK, INC. WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF ANY J-PAK, INC. WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL J-PAK, INC. OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS ANY J-PAK, INC. WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF J-PAK, INC. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT J-PAK, INC., SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL J-PAK, INC. BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE THOUSAND UNITED STATES DOLLARS ($1,000.00).
User Submissions, Postings and Email Communications
All submissions, postings and email communications to or through the J-Pak, Inc. Websites shall be subject to the J-Pak, Inc. Policy Regarding Submissions, Postings and Other Communications, which is incorporated into this Agreement by this reference.
Online Copyright Infringement Notification Policy
If you believe that any J-Pak, Inc. Website(s) contains materials that constitute copyright infringement, please notify J-Pak, Inc. in accordance with our Online Copyright Infringement Notification Policy.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD J-PAK, INC. AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, SHARE HOLDERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF ANY J-PAK, INC. WEBSITE AND/OR (II) YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT.
Term and Termination
J-Pak, Inc. shall have the right to terminate your access to, and use of, any and/or all J-Pak, Inc. Websites immediately, if, in its sole discretion, J-Pak, Inc. believes that your conduct fails to conform with this Agreement. J-Pak, Inc. also reserves the right to investigate suspected violations of this Agreement, including without limitation any violation arising from any submission, posting or e-mails you make or send to the J-Pak, Inc. Websites. Upon termination of this Agreement, all rights granted to you under this Agreement will cease immediately, and you agree that you will: (a) immediately discontinue use of the applicable J-Pak, Inc. Website(s); and (b) as applicable, pay any amounts owed to J-Pak, Inc. in full within thirty (30) days from the date of such termination.
Applicable Laws
This Agreement shall be governed by and construed under the laws of the State of Indiana, without regard to conflicts of laws principles. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO ANY J-PAK, INC. WEBSITE OR THE USE OR ACCESS THEREOF SHALL BE IN THE STATE OR FEDERAL COURTS LOCATED IN MARION COUNTY, INDIANA.
Commencement of Actions
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO ANY J-PAK, INC. WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
Miscellaneous
The failure of J-Pak, Inc. to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit J-Pak, Inc.’s rights with respect to such breach or any subsequent breaches. Neither the course of conduct between the parties nor trade practice shall act to modify this Agreement. J-Pak, Inc. may assign its rights and duties hereunder to any party at any time without any notice to you. This Agreement may not be assigned by you without J-Pak, Inc.’s prior written consent. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement may not be modified except in writing, signed by both parties.
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