General terms

of use

Home > General terms of use

General Terms of Use

Welcome to the website of Jaclo (“Jaclo”, “We” or “Us”).  The following terms and conditions of use, together with any documents they expressly incorporate by reference (“Terms of Use”), constitute a legal agreement between you and Jaclo, and govern your use of this Internet site (the “Website”). 

Access to Website

YOUR USE OF THE WEBSITE IS EXPRESSLY SUBJECT TO THESE TERMS OF USE AND JACLO’S PRIVACY POLICY FOUND AT ______________________________, WHICH IS HEREBY INCORPORATED BY REFERENCE.  BY CLICKING TO ACCEPT THESE TERMS OF USE IF AND WHEN THIS OPTION IS MADE AVAILABLE TO YOU, OR BY ACCESSING, USING AND/OR VIEWING THE WEBSITE OR ANY CONTENT LOCATED ON THIS WEBSITE, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE REVIEWED THESE TERMS OF USE AND THAT YOU AGREE TO BE BOUND BY SUCH TERMS OF USE.  IF YOU DO NOT AGREE TO ANY OF THESE TERMS OF USE, YOU SHOULD NOT USE THIS WEBSITE.  THESE TERMS OF USE SUPERSEDE ANY PREVIOUS AGREEMENT BETWEEN YOU AND JACLO WITH RESPECT TO THE USE OF THE WEBSITE.  

The term “User” or “You” shall mean any user of the Website.

  1. Purpose of Website. The information, content, data and material provided on this Website are intended to be used for general informational purposes only.  None of the information or material provided on this Website constitutes professional advice.  The Website is for use by Users who are 18 years of age or older.  By using this Website, you represent and warrant that you are of legal age. 
  1. Changes to Terms of Use. Jaclo reserves the right to change these Terms of Use at any time in its sole and absolute discretion, and your continued use of this Website following such changes shall constitute an acceptance of any such changes to the Terms of Use.  All such changes shall be deemed effective immediately upon being posted, and shall apply to all subsequent use of the Website.  You should check these Terms of Use frequently for any such changes.  [PLEASE CONFIRM IF EMAIL TO REGISTERD USERS]
  1. Intellectual Property. You should assume that all information appearing on the Website is proprietary, copyrighted, or trademarked, as applicable. Nothing contained on this Website shall be deemed to grant or confer on you any license to, ownership rights or any other right whatsoever in any copyright, trademark or intellectual property owned by Jaclo or any third party as a result of your use of this Website.  You may download and utilize information contained on the Website solely for non-commercial, personal use, provided that you keep intact all copyright and any other proprietary notices set forth therein. Any unauthorized use of intellectual property contained on the Website may constitute a violation of law.

            Any data you transmit to the Website will be treated as non-confidential and non-proprietary. Please do not provide any information to the Website that constitutes proprietary information.

If you believe that any material on the Website violates your copyright, please contact ____________________ [name] at __________________ [email address] for instructions on sending us a formal notice and request for removal.  All other feedback, requests for technical support and other communications relating to the Website should be directed to ___________________________ [email address].

  1. Content; Disclaimer of Warranties; Limitation of Liability. While Jaclo will make commercially reasonable efforts to provide information that is accurate and up-to-date on this Website, Jaclo makes no warranties, assurances or representations of any kind regarding the accuracy or completeness any information appearing on this Website. Jaclo is under no obligation whatsoever to update any information presented on this Website.  Information appearing on this Website may contain technical inaccuracies or typographical errors. Jaclo reserves the right in its sole discretion to alter, update, or withdraw, any information contained on this Website at any time without prior notice, or to change or discontinue any content or feature that appears on the Website at any time.  Your use of the Website is at your own risk.

            THE INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, AND JACLO EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF NON-INFRINGEMENT OF PROPRIETARY RIGHTS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  NO ADVICE OR INFORMATION GIVEN TO JACLO OR ITS EMPLOYEES SHALL CREATE ANY WARRANTY.  FURTHERMORE, JACLO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION CONTAINED ON THIS WEBSITE OR THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE, OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIALS ACCESSIBLE ON OR FROM THIS WEBSITE IS FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

            TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JACLO, OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION COMPENSATORY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES), PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS, LOST OR CORRUPTED DATA, LOSS OF REVENUE, BUSINESS INTERRUPTION AND/OR INTERFERENCE, OR DAMAGES RESULTING FROM THE USE OR IMPOSSIBILITY OF USE OF THIS WEBSITE, ANY CONTENT ON THE WEBSITE, ANY SERVICES OBTAINED THROUGH THE WEBSITE, OR THE INFORMATION PROVIDED HEREON.

  1. Security.

You shall not disrupt or interfere with this Website through any tools or methods.  You shall not use data mining or similar tools, or otherwise attempt to defeat, reverse-engineer or work around any security features of the Website.  You shall not interfere with service to any User, host or network, transmit a virus or worm to the Website, overload the Website, or engage in “denial of service attacks”.  Further, you shall not send unsolicited “spam” messages via the Website.  Violations of this provision may potentially result in civil or criminal liability.

  1. Restricted Access Areas. Some areas of this Website will require user registration, name, email address or other personally identifiable log-in credentials or registration details to gain access to information or to create portfolios/projects.  

            Jaclo will utilize precautions to help keep your log-in credentials secure, including without limitation, passwords.  However, each User must keep its user name and password secure at all times, and is ultimately responsible for the security of their own log-in information.  Please log out of all sessions on the Website and close your Internet browser, particularly on a public computer or mobile device, as Jaclo will not be liable for any loss or damage arising from any failure to comply with this provision.  If at any time you believe your log-in credentials have been compromised, you should notify Jaclo immediately, and Jaclo will assist you in changing your log-in credentials/information on the Website.  Jaclo will never request information regarding your log-in credentials in an unsolicited telephone call or e-mail.  Jaclo reserves the right to disable any log-in credentials at any time if we determine, in our sole discretion, that you have violated any provision of these Terms of Use.

            Please refer to Jaclo’s Privacy Policy for further information regarding Jaclo’s policies with regard to its protection of information received through the Website.  By using the Website, you consent to Jaclo using your information in any manner permitted under the Privacy Policy or taking any other related actions that comply with the Privacy Policy. Restricted access areas that are restricted to dealers are also subject to separate Terms and Conditions of Use, which are available at _______________________.

  1. Linking to the Website/Social Media. You may post links to the Website, provided that you comply with all applicable laws and do not threaten the security of the Website, but you must not suggest that Jaclo in any way endorses the linked website.  Jaclo is not responsible for privacy policies used by third-party or social media websites. 

The Website may provide social media features that allow you to link your own or third party websites to the Website, send messages on the Website, or allow portions of content on the Website to be displayed on your own or third party websites.  You may use these features solely as permitted on the Website and you may not establish a link from any website that is not owned by you or take any other action that otherwise does not comply with these Terms of Use.  By doing so, you agree to remove any unauthorized weblinks.  Jaclo may withdraw its permission to link or utilize social media features at any time in its sole discretion. If you utilize any of these social media features, you do so entirely at your own risk.

  1. Breach of Terms of Use. In the event that you breach any of these Terms of Use, Jaclo reserves its right to terminate or temporarily or permanently suspend your rights to use this Website pursuant to these Terms of Use, without notice, with such violations to be determined in Jaclo’s sole discretion.  In the event of such a termination, you may no longer access, use or view the Website.  Jaclo reserves the right to investigate suspected violations of the Terms of Use and may start an investigation to seek information.  Jaclo reserves the right to pursue monetary or equitable remedies (including without limitation, reasonable attorneys’ fees and costs) for violations of the Terms of Use. Jaclo will fully cooperate with appropriate law enforcement authorities or court orders when requested or directed to disclose the identity or other information of anyone using the Website. 
  1. Indemnification. You hereby agree to indemnify, defend and hold harmless, Jaclo, its service providers, officers, directors, employees and agents from and against all claims, judgments, awards, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use or misuse of the Website or any violation by you of these Terms of Use.  You further agree that you shall be solely responsible for any and all liabilities arising from your use or misuse of this Website.
  1. Geographic Restrictions; Governing Law.

           

            Jaclo operates this Website from its location in the State of New Jersey, in the United States of America.  This Website and its material and information are intended to comply with the laws and regulations of the United States of America.  Although the information on this Website may be accessible to users outside the United States of America, the information on the Website is intended for use only by residents of the United States of America.  Access to the Website may not be legal by certain persons or in certain countries.  If you access the Website from outside the United States, you are doing so solely on your own initiative and you are fully responsible for compliance with any applicable local laws. 

These Terms of Use and your use of the Website shall be governed by the laws of the United States of America and the laws of the State of New Jersey without regard to conflicts of laws principles.  Any legal action or proceeding related to this Website shall be brought exclusively in a state court or federal court of competent jurisdiction sitting in New Jersey, although we retain the right to bring a suit, action or proceeding against you for breach of these Terms of Use in your country of residence or other relevant country.  If any provision of these Terms of Use is found to be invalid or unenforceable by such court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of any of the remaining provisions of these Terms of Use.