TERMS AND CONDITIONS (“Terms”)
Please read the following Terms carefully before using any of Simco Sales Service of Pennsylvania, Inc. d/b/a Jack & Jill Ice Cream Company’s (collectively, “Jack & Jill”, “our” or “we”) web sites and related web sites, including but not limited to the www.jjicc.com Web Site, as well as any online features, services and/or programs offered by Jack & Jill (collectively, the “Web Site”). By accessing or using the Web Site, you agree to the following Terms. You should review these Terms regularly as they may change at any time at the sole discretion of Jack & Jill. If you do not agree to any portion of these Terms, you should not access or otherwise use the Web Site. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Web Site.
We will make an effort to update this web page with any changes to these Terms and/or to the services described in these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appear at the end of these Terms).
1. CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS. By merely providing access to the Web Site, Jack & Jill does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) Jack & Jill has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Web Site will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Web Site is accurate or complete.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE WEB SITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN.
2. SITE USE AND CONTENT. You may view, copy or print pages from the Web Site solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Web Site without the express, prior, written consent of Jack & Jill. At any time, we may, without further notice, make changes to the Web Site, to these Terms and/or to the services described in these Terms.
(a) NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. Jack & Jill PROVIDES THE WEB SITE ON A COMMERCIALLY REASONABLE BASIS AND Jack & Jill MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEB SITE OR THE SERVERS USED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEB SITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. Jack & Jill DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB SITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT Jack & Jill SHALL HAVE ADEQUATE CAPACITY FOR THE WEB SITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
(b) INDEMNIFICATION. You agree to defend, indemnify and hold Jack & Jill and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Jack & Jill, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.
(c) NOT INVESTMENT ADVICE. Jack & Jill DOES NOT INTEND TO PROVIDE ANY INVESTMENT ADVICE OR INFORMATION RELATING TO ITSELF OR ANY COMPANY IDENTIFIED ON THE WEB SITE. Nevertheless, the Web Site may, from time to time, contain information on the current or prospective financial condition of this and/or certain other companies. Jack & Jill cautions that there are various important factors that could cause actual results to differ materially from those indicated in the information you may encounter on the Web Site. Accordingly, there can be no assurance that such indicated results will be realized. These factors include, among other things, legislative and regulatory initiatives regarding regulation of American companies doing business abroad; political and economic conditions and developments in the United States and in foreign countries in which the companies discussed on the Web Site operate; financial market conditions and the results of financing efforts; and changes in commodity prices and interest rates.
4. LIMITATION OF LIABILITY. IN NO EVENT WILL Jack & Jill BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, AND/OR (V) ANY SPYWARE, MALWARE, VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS Jack & Jill’s LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The Web Site is not a substitute for the advice of a competent legal professional. If legally binding advice is being sought, please retain the services of your own lawyer.
6. THIRD PARTY CONTENT.
(a) Jack & Jill may provide hyperlinks to other web sites maintained by third parties, or Jack & Jill may provide third party content on the Web Site by framing or other methods. THE LINKS TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEB SITE IS NOT UNDER Jack & Jill’s CONTROL AND Jack & Jill IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEB SITES LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
(b) If a third party links to the Web Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Jack & Jill. In most cases, Jack & Jill is not even aware that a third party has linked to the Web Site. A web site that links to the Web Site: (i) may link to, but not replicate, Jack & Jill’s Content; (ii) may not create a browser, border environment or frame Jack & Jill’s Content; (iii) may not imply that Jack & Jill is endorsing it or its products; (iv) may not misrepresent its relationship with Jack & Jill; (v) may not present false or misleading information about Jack & Jill’s products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.
7. COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Web Site are Jack & Jill’s, its subsidiaries’ or affiliates’, or third parties’ registered and unregistered trademarks. All trademarks and service marks of Jack & Jill that may be referred to on the Web Site are the property of Jack & Jill. Other parties’ trademarks and service marks that may be referred to on the Web Site are the property of their respective owners. Nothing on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Jack & Jill’s trademarks or service marks without Jack & Jill’s prior written permission. Jack & Jill is the copyright owner or authorized licensee of all text and all graphics contained on the Web Site. Jack & Jill aggressively enforces its intellectual property rights. Neither the name of Jack & Jill nor any of Jack & Jill other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Web Site or otherwise, without Jack & Jill’s prior written permission, except that a third party web site that desires to link to the Web Site and that complies with the requirements of Paragraph 6(b) above may use the name “Jack & Jill,” ““Jack & Jill Ice Cream,” or “Jack & Jill Ice Cream Company” in or as part of that link.
If you believe that any Content on the Web Site violates any intellectual property right of yours other than a copyright right (which is covered by Paragraph 6 above), please contact Jack & Jill at the address, email address or telephone number set forth at the bottom of these Terms.
8. LOCAL LAWS. Jack & Jill makes no representation that content or materials in the Web Site are appropriate or available for use in jurisdictions outside the United States. Access to the Web Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Jack & Jill is not responsible for any violation of law. You may not use or export the Content or materials in the Web Site in violation of U.S. export laws and regulations. You agree that the Web Site shall be deemed solely based in the Commonwealth of Pennsylvania, and the Web Site shall be deemed a passive website that does not give rise to personal jurisdiction over Jack & Jill, either specific or general, in jurisdictions other than the Commonwealth of Pennsylvania. These Terms shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, United States of America, without reference to conflict of laws principles. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located in the Commonwealth of Pennsylvania. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
9. AVAILABILITY. Information that Jack & Jill publishes in the Web Site may contain references or cross-references to products, programs or services of Jack & Jill that are not necessarily announced or available in your area. Such references do not mean that Jack & Jill will announce any of those products, programs or services in your area at any time in the future. You should contact Jack & Jill for information regarding the products, programs and services that may be available to you, if any.
10. TERMINATION OF SERVICE. We may terminate your right to access any or all of the Web Site at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Web Site or to Jack & Jill, or for any or no reason at all.
HOWEVER, Jack and Jill does not accept unauthorized idea submissions outside of established business relationships. To protect the interests of our current clients and ourselves, we must treat the issue of such submissions with great care. Importantly, without a clear business relationship Jack and Jill cannot and does not treat any such submissions in confidence. Accordingly, please do not communicate unauthorized idea submissions to Jack and Jill through the Web Site or by written or electronic communication. Any idea disclosed to Jack and Jill outside a pre-existing and documented confidential business relationship are not confidential, and Jack and Jill may therefore develop, use, and freely disclose or publish similar ideas without compensation or accounting. Jack and Jill will make every reasonable effort to return or destroy any unauthorized idea submissions without detailed review of them. However, if a review is necessary in Jack and Jill’s sole discretion, it will be with the understanding that Jack and Jill assumes no obligation to protect the confidentiality of the idea or compensate for its disclosure or use. By submitting an idea or other detailed submission to Jack and Jill through the Web Site or otherwise, you agree to be bound by these Terms.
12. MISCELLANEOUS. If any provision of these 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 these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Jack & Jill’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Your Consent To This Agreement
If you have additional questions or comments of any kind, or if you see anything on the Web Site that you think is inappropriate, please let us know by email firstname.lastname@example.org or by sending your comments to:
Jack & Jill Ice Cream Company
101 Commerce Drive
Moorestown, NJ 08057
Attn: Customer Care – Web Site Issues
Copyright © 2009. Jack & Jill Ice Cream Company. All Rights Reserved.
EFFECTIVE AS OF: JANUARY 1, 2009
LAST UPDATED: JANUARY 1, 2009