PLEASE
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE
OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS
AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE
THIS WEB SITE.
1. Products, Content and
Specifications. All features, content, specifications, products and prices of
products and services described or depicted on www.jacobella.com,
www.pawprintkits.com and www.babyprintkits.com (together this "Web
Site"), are subject to change at any time without notice. Certain weights,
measures and similar descriptions are approximate and are provided for
convenience purposes only. Jacobella, Inc., which operates this Web Site
pursuant to agreements with Jacobella, Inc ("we" or "us"),
make all reasonable efforts to accurately display the attributes of our
products, including the applicable colors; however, the actual color you see
will depend on your computer system, and we cannot guarantee that your computer
will accurately display such colors. The inclusion of any products or services
on this Web Site at a particular time does not imply or warrant that these
products or services will be available at any time. It is your responsibility
to ascertain and obey all applicable local, state, federal and international
laws in regard to the possession, use and sale of any item purchased from this
Web Site. By placing an order, you represent that the products ordered will be
used only in a lawful manner.
2. Shipping Limitations. When an order is
placed, it will be shipping to an address designated by the purchaser as long
as that shipping address is compliant with the shipping restrictions contained
on this Web Site. All purchases from this Web Site are made pursuant to a shipment
contract. As a result, risk of loss and title for items purchased from this Web
Site pass to you upon delivery of the items to the carrier. You are responsible
for filing any claims with carriers for damaged and/or lost shipments.
3. Accuracy of Information. We attempt to
ensure that information on this Web Site is complete, accurate and current.
Despite our efforts, the information on this Web Site may occasionally be
inaccurate, incomplete or out of date. We make no representation as to the
completeness, accuracy or currentness of any information on this Web Site. For
example, products included on this Web Site may be unavailable, may have
different attributes than those listed, or may actually carry a different price
than that stated on this Web Site. In addition, we may make changes in
information about price and availability without notice. While it is our
practice to confirm orders by email, the receipt of an email order confirmation
does not constitute our acceptance of an order or our confirmation of an offer
to sell a product or service. We reserve the right, without prior notice, to
limit the order quantity on any product or service and/or to refuse service to
any customer. We also may require verification of information prior to the
acceptance and/or shipment of any order.
4. Use of this Web Site. The design of this
Web Site and all text, graphics, information, content, and other material
displayed on or that can be downloaded from this Web Site are protected by
copyright, trademark and other laws and may not be used except as permitted in
these Terms and Conditions or with prior written permission of the owner of
such material. The software and other technology components of this Web Site
are © 2008, Jacobella, Inc. or its affiliates and suppliers. The contents of
this Web Site are © 2008, Jacobella, Inc or our respective affiliates and
suppliers. All rights reserved. You may not modify the information or materials
displayed on or that can be downloaded from this Web Site in any way or
reproduce or publicly display, perform, or distribute or otherwise use any such
information or materials for any public or commercial purpose. Any unauthorized
use of any such information or materials may violate copyright laws, trademark
laws, laws of privacy and publicity, and other laws and regulations.
5. Trademarks. Certain trademarks,
trade names, service marks and logos used or displayed on this Web Site are
registered and unregistered trademarks, trade names and service marks of
Jacobella, Inc or its affiliates. Other trademarks, trade names and service
marks used or displayed on this Web Site are the registered and unregistered
trademarks, trade names and service marks of their respective owners, including
Jacobella, Inc and its affiliates. Nothing contained on this Web Site grants or
should be construed as granting, by implication, estoppel, or otherwise, any
license or right to use any trademarks, trade names, service marks or logos
displayed on this Web Site without the written permission of Jacobella, Inc, or
such other owner.
6. Linking to this Web
Site.
Creating or maintaining any link from another Web site to any page on this Web
Site without our prior written permission is prohibited. Running or displaying
this Web Site or any information or material displayed on this Web Site in
frames or through similar means on another Web site without our prior written
permission is prohibited. Any permitted links to this Web Site must comply will
all applicable laws, rule and regulations.
7. Third Party Links. From time to time,
this Web Site may contain links to Web sites that are not owned, operated or
controlled by Jacobella, Inc. or its respective affiliates. All such links are
provided solely as a convenience to you. If you use these links, you will leave
this Web Site. Neither we nor any of our respective affiliates are responsible
for any content, materials or other information located on or accessible from
any other Web site. Neither we nor any of our respective affiliates endorse,
guarantee, or make any representations or warranties regarding any other Web
sites, or any content, materials or other information located or accessible
from any other Web sites, or the results that you may obtain from using any
other Web sites. If you decide to access any other Web sites linked to or from
this Web Site, you do so entirely at your own risk.
8. Inappropriate
Material.
You are prohibited from posting or transmitting any unlawful, threatening,
defamatory, libelous, obscene, pornographic or profane material or any material
that could constitute or encourage conduct that would be considered a criminal
offense or give rise to civil liability, or otherwise violate any law. In
addition to any remedies that we may have at law or in equity, if we determine,
in our sole discretion, that you have violated or are likely to violate the
foregoing prohibitions, we may take any action we deem necessary to cure or
prevent the violation, including without limitation, the immediate removal of
the related materials from this Web Site. We will fully cooperate with any law
enforcement authorities or court order or subpoena requesting or directing us
to disclose the identity of anyone posting such materials.
9. User Information. Other than
personally identifiable information, which is subject to this Web Site's Privacy
Policy, any material, information, suggestions, ideas, concepts, know-how,
techniques, questions, comments or other communication you transmit or post to
this Web Site in any manner ("User Communications") is and will be
considered non-confidential and non-proprietary. We and our respective
affiliates and our or their designees may use any or all User Communications
for any purpose whatsoever, including, without limitation, reproduction,
transmission, disclosure, publication, broadcast, development, manufacturing
and/or marketing in any manner whatsoever for any or all commercial or
non-commercial purposes. We may, but are not obligated to, monitor or review
any User Communications. We will have no obligation to use, return, review, or
respond to any User Communications. We will have no liability related to the
content of any such User Communications, whether or not arising under the laws
of copyright, libel, privacy, obscenity, or otherwise. We retain the right to
remove any or all User Communications that includes any material we deem
inappropriate or unacceptable.
10. DISCLAIMERS. YOUR USE OF THIS
SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR
THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF
ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER JACOBELLA, INC,
NOR ANY OF ITS RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF
THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE.
THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE
MAY BE OUT OF DATE, AND NEITHER JACOBELLA, INC, NOR ANY OF ITS RESPECTIVE
AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION,
MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT
APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY
SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT
ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES,
DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND
SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR
PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO
11. LIMITATIONS OF
LIABILITY. Neither Jacobella, Inc. nor its respective affiliates assumes
any responsibility, or will be liable, for any damages to, or any viruses that
may infect, your computer, telecommunication equipment, or other property
caused by or arising from your access to, use of, or browsing this Web Site, or
your downloading of any information or materials from this Web Site. IN NO
EVENT WILL JACOBELLA, INC. OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY
PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE
LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST
PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO
USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB
SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH
WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY
AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE
REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT
YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM
WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB
SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH
PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S
OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR
SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB
SITE.
12. Revisions to these
Terms and Conditions. These Terms and Conditions may be revised at any time and from
time to time by updating this posting. You should visit this page from time to
time to review the then current Terms and Conditions because they are binding
on you. Certain provisions of these Terms and Conditions may be superseded by
legal notices or terms located on particular pages of this Web Site.
13. Choice of Law;
Jurisdiction. These Terms and Conditions supersede any other agreement between
you and Jacobella, Inc. to the extent necessary to resolve any inconsistency or
ambiguity between them. These Terms and Conditions will be governed by and
construed in accordance with the laws of the State of
14. Termination. You or we may
suspend or terminate your account or your use of this Web Site at any time, for
any reason or for no reason. You are personally liable for any orders placed or
charges incurred through your account prior to termination. We reserve the
right to change, suspend, or discontinue all or any aspect of this Web Site at
any time without notice.
15. Additional Assistance. If you do not
understand any of the foregoing Terms and Conditions or if you have any
questions or comments, please contact us.
