Updated: January 2014
Updated: January 2014
JRI MAY PERIODICALLY AND IN ITS SOLE DISCRETION MODIFY THESE TERMS. IF JRI MATERIALLY CHANGES THESE TERMS, THE “LAST UPDATED” DATE ABOVE WILL BE MODIFIED. YOUR CONTINUED USE OF THE SITE MEANS THAT YOU ACCEPT THE UPDATED TERMS. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO THESE TERMS WILL APPLY RETROACTIVELY.
3. Site and Content Use Restrictions.
a. Content. The Site contains (i) materials or other items relating to JRI and our products and services, including Site layout, information, images, scripts, URLs, sounds, software, and the “look and feel” of the Site, (ii) trademarks, logos, trade names, service marks, and trade identities of JRI (including our products) and other third parties, and (iii) other forms of intellectual property owned by us, our licensors, or our content providers (collectively, “Content”).
b. Restrictions on Use of Materials. Unless otherwise specified, the Site and its Content (including past, present, and future versions of the Site) are owned by JRI or our licensors or content providers, and are protected by copyright, trademark, or other proprietary rights. You may not copy, republish, upload, post, transmit or distribute any material from this Site for commercial use. Use of the materials for impermissible purposes is a violation of copyright and other proprietary rights of JRI, our licensors, or our content providers. All rights not expressly granted to you are reserved by us. Any unauthorized use of the Site or its Content for any purpose is not allowed.
c. Trademarks. All trademarks, services marks, and trade names of JRI (including the JRI name and logo) are trademarks or registered trademarks of JRI or its affiliates. You may not use, copy, republish, upload, post, transmit, distribute, or modify JRI’s trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without JRI’s prior written consent. The use of JRI’s trademarks on any other website or Device is not allowed.
d. Links to the Site. We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site, so long as: (i) the links only incorporate text, and do not use any trademark graphics that are owned by JRI, (ii) the links and the content on your website do not suggest any affiliation with JRI or cause any other confusion, and (iii) the links and the content on your website do not portray JRI or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is inappropriate for children or that is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or that violate any right of any third party or are otherwise objectionable to JRI. JRI reserves the right to suspend or prohibit linking to the Site for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
e. Links to Third Party Websites. This Site may include links to other websites. These links are provided for your convenience, and they do not signify that we endorse the websites. We have no responsibility for the content of the linked websites. Any activities you engage in involving linked websites are subject to privacy and other policies, terms and conditions of use, and other rules issued by the operator of the linked websites. JRI disclaims all liability in connection with the linked websites.
4. Mobile Devices. The Site may be available to you via your mobile Device. Your carrier may prohibit or restrict certain features of the Site from being available on your mobile Device, and some features may be incompatible with your carrier or Device. JRI disclaims all liability in connection with your use of the Site via your Device, including your inability to use or access certain features of the Site.
5. Submissions. JRI welcomes your suggestions and comments (“Submissions”). Please submit your Submissions via email to firstname.lastname@example.org or via US Mail to Jeff Roberts International, LLC, 180 Lithia Way, Suite 103, Ashland, OR 97520. Submissions provided to JRI are JRI’s property. JRI will not be liable for any use or disclosure of any Submissions. You hereby assign, without compensation, all existing rights in and to your Submissions to JRI. This policy is intended to avoid the possibility of future misunderstandings if projects developed by JRI seem similar to ideas contained in your Submissions.
6. Products, Content, and Specifications. Details of our products are available on the Site. JRI attempts to describe its products as accurately as possible. However, JRI does not warrant that product descriptions are accurate, complete, current, or error-free. All features, content, specifications, products, and prices described on the Site are subject to change at any time without notice. The inclusion of any products on this Site at a particular time does not imply or warrant that these products will be available for purchase.
7. Liability of JRI. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the Content for any particular purpose. The Site and its Content are provided “as is” and your use of the Site and its Content is at your own risk. We do not guarantee continuous, uninterrupted or secure access to our website. You acknowledge that such information and materials may contain inaccuracies and errors.
TO THE FULLEST EXTENT PERMITTED BY LAW, JRI DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
JRI will not be responsible to you or to any third parties for any direct or indirect, consequential, special, or punitive damages or losses you may incur in connection with the Site, your use of or inability to use the Site, or its Content, regardless of the type of claim or the nature of the cause of action, even if JRI has been advised of the possibility of such damage or loss. In the event that the exclusion or limitation of liability for consequential or incidental damages is limited by state or other law, JRI’s liability is limited to the fullest extent permitted by law. JRI is not liable for any personal injury, including death, caused by your use or misuse of the Site or its Content. To the maximum extent permitted by law, you hereby release and forever waive any and all claims you may have against JRI from losses or damages you sustain in connection with your use of the Site or its Content. JRI is liable only to the extent of actual damages incurred to you, but in no event in an amount greater than [one hundred dollars ($100.00)]. Any claims arising in connection with your use of the Site or its Content must be brought within one (1) year of the date of the event giving rise to such action.
8. Indemnification. You agree to indemnify and hold harmless JRI from any claim or demand, including reasonable attorneys’ fees, made due to or arising out of your use of the Site or your violation of the Terms.
9. General Provisions.
a. Choice of Law. The Terms, and any dispute arising out of your use of the Site or its Content, are governed and interpreted in accordance with the laws of the State of Oregon (without regard to its conflict of laws principles) and the applicable laws of the United States.
b. Arbitration. Any dispute arising out of or relating (i) to the Site, its Contents, or the Terms (including interpretation or breach of the Terms), or (ii) to the existence, scope, or validity of the Terms or this provision, including the nature and extent of the issues to be arbitrated, will be settled by arbitration before a single arbitrator, using the rules of commercial arbitration of the Arbitration Service of Portland. Arbitration will occur in Multnomah County, Oregon. The decision of the arbitrator will be final and binding on all persons affected by the decision. Judgment upon the arbitration award may be entered in any court having jurisdiction.
c. Severability. The invalidity or unenforceability of any provisions of this Agreement will not affect the validity or enforceability of the remaining provisions.
d. Assignment. JRI may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without notice.
e. Entire Agreement. Except as expressly provided in a particular legal notice on the Site or pertaining to Content found on the Site, these Terms constitute the entire agreement between you and JRI relating to the subject matter of the Terms, including the Site and its Content. Additional terms or conditions may apply to the purchase of JRI products.
Thank you for visiting our Site. We hope you enjoy your visit.
DWT 20984811v2 0094981-000001