The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
JFlint Products, Co. (the “Company”)TERMS AND CONDITIONS OF USE
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF USE, DO NOT USE THIS WEBSITE.
You may not use an email address that is already being used by someone else, impersonates another person, belongs to another person (without his or her prior consent), violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or that we reject for any other reason at our sole discretion.
When you register, all information you submit must be truthful, accurate, current, and complete, and that must continue to maintain accurate, current and complete identifying information about your user profile. JFlint Products, Co. may terminate your account if any of the information provided is found to be inaccurate, false, out of date, or incomplete.
Your email address and password will be your login information, and should be kept confidential. You are fully responsible for all use of your account and for any actions that take place using your account. In the event of such loss, theft, or unauthorized use, we may impose on you, at our sole discretion, additional security obligations.
5. Links To Other SitesFor the convenience of users of the Website, links to other Internet websites independently operated by third parties may appear from time to time. Those independent sites may collect data or solicit personal information from you. Except as otherwise indicated, the Internet websites to which links are provided on the Website are not under the control of Company. Company does not assume any responsibility for the contents, accuracy, completeness, privacy policies, or the information or data collection, use, or disclosure practices of any linked Internet website, or for any potential damage arising out of or in connection with the use of any such link. In addition, the existence of a link between the Website and any other Internet website is not and shall not be understood to be an endorsement by Company of the opinions or views expressed in the linked Internet website.YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.Company shall have the right, at any time and in its sole discretion, to block links to the Website through technological or other means without prior notice.6. Product AvailabilityReference to any product on the Website does not constitute an offer to sell or supply that product and does not necessarily mean that the product is available. Inventory information may be available on the website. This information can be used to estimate the likelihood that merchandise will be shipped immediately after you place your order. However, we cannot guarantee that a product listed as available will actually ship right away, as inventory can change from day to day. If an item that is purchasable in your shopping cart when you place your order is sold out at the time your order is processed, we will notify you by email that your order will not be filled and your credit card will not be charged.7. Order AcceptanceThere may be orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason or to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by or using the same online account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied.Customer’s orders may be cancelled due to limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems with credit card authorization. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.8. Product PricingPRICES AND AVAILABILITY OF THE PRODUCTS LISTED ON THE WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The Company makes reasonable efforts to provide accurate product and pricing information, pricing or typographical errors may occur. In the event a product is listed at an incorrect price due to a typographical error, or any other reason, the Company shall have the right to refuse or cancel any order placed for such product at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. In the event that an item is mispriced, the Company may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. If your credit card has already been charged for the purchase and your order is cancelled, the Company shall promptly issue a credit to your credit card account in the amount of the incorrect price.9. PrivacyThe Company takes the privacy of your personally identifiable information very seriously. The Company only collects personally identifiable information that you voluntarily submit through the Website in connection with inquiries you make through the Website or by purchasing products through the Website. Personally identifiable information may include information such as your name, postal address, date of birth and/or e-mail address, as well as other information such as survey responses. Company does not automatically collect personally identifiable information without your knowledge.10. Purchases of Products Purchases of the Company’s products through the Website are governed by the following terms and conditions of sale: TERMS AND CONDITIONS OF SALE
Controlling Terms and Conditions. These terms and conditions of sale of JFlint Products, Co. (“Seller”) and any attachments hereto take precedence over any purchaser’s additional or different terms and conditions to which notice of objection is hereby given. Acceptance of a purchaser’s order is expressly conditioned upon such purchaser’s acceptance of these terms and conditions. These terms and conditions, together with any other written agreement directly related to a transaction complete under or through Seller’s web-site shall constitute the entire agreement between the parties with respect to the goods sold to a purchaser hereunder.
Payment Terms. Payment for any products from Seller is due at time of acceptance of any order. In the event of any non-payment or rejection or reversal of credit card charges, a late fee of 1.5% per month on the total unpaid balance shall be immediately due and payable.
Compliance with Laws. Each purchaser hereby represents and warrants to Seller that it will comply with all local, state, federal, and foreign laws and regulations, applicable to purchaser and purchaser’s use and storage of products purchased from Seller.
Variation in Products. Delivery of products pursuant hereto shall be subject to normal variation in weight, color, size, quantities and similar characteristics as are standard in the trade.
Risk of Loss, Shipment Freight Charges and Packing. Title and all risk of loss to the products shall pass to each purchaser upon delivery. Delivery shall occur FOB Seller’s place of business in Arizona. All products shall be packed for shipment and storage in accordance with standard commercial practices. All packing will conform to requirements of carrier’s tariffs.
Claims and Limitation Period. Claims for nonconformity of the products shall be made in writing to Seller within ten (10) days after the discovery thereof, and in any event within in thirty (30) days after delivery. All other claims must be asserted in writing within ten (10) days after delivery or the scheduled delivery if the claim is for non-delivery. Any notice of claim must specify the nature of the claim. A purchaser’s failure to notify Seller in writing within the applicable time frame of any claim shall constitute an absolute unconditional waiver of such claim. An action on any claims must be commenced within six months from the date of delivery, or after the scheduled date of delivery, as the case may be or the claim will be forever barred. After notice of any claim, Seller shall be afforded a reasonable opportunity to inspect the products and effect a cure of any defects, if Seller in its sole discretion elects to do so.
Limitation of Liability. In no event shall Seller be liable for punitive, incidental or consequential damages to person or property, loss of use, loss of time, inconvenience, equipment rental, loss of earnings or profits or any other commercial loss. The remedies of a purchaser as set forth herein are exclusive and the liability of Seller with respect to the sale, delivery or resale of any products whether in contract, in tort, under any warranty or otherwise, shall not exceed the difference between the price of the products as specified in this contract and the value of the products as delivered by Seller. Seller shall not be liable for any loss or damage of any kind arising from delay or inability to deliver beyond Seller’s control, improper maintenance, alteration or misuse of the products.
Taxes. Liability of any sales, use, excise, transaction, privilege, gross receipts, retailers’ occupational tax or any similar tax levied in connection with the sales placed through Seller’s web-site or any liability or interest charge due on these taxes will be the sole responsibility of and be payable by each purchaser even if not collected originally by Seller, unless an applicable tax exemption is provided to Seller. In the event Seller pays such amounts, the involved purchaser will immediately reimburse Seller for such amounts.
Governing Law. All sales shall be governed by and construed in accordance with the Laws of the State of Arizona, and applicable federal law and Seller hereby consents to the jurisdiction of, and agrees that any legal action commenced with respect to any dispute hereunder shall take place in the state and federal courts located within Pima County, Arizona.
Attorneys’ Fees. Seller shall be entitled to recover its reasonable costs, including attorneys’ fees, in any action or claim brought by a purchaser in addition to any other relief to which it may be entitled.
Return Products. Seller has a no return policy – absent unusual and special circumstances, as determined by Seller in its sole discretion, no return of products for credit is permitted. If Seller elects to accept returned products, they must be accompanied by the original invoice and invoice number and will be subject to a service charge of twenty-five percent (25%) for the return of the products.
Indemnification. Each purchaser agrees to indemnify, hold harmless and defend Seller and its officers, directors, agents and employees from and against any and all claims, liabilities, costs and expenses arising out of or related to Purchaser’s use of the products, or in any way involving injury to person or property or accident occasioned by the products sold by Seller to Purchaser.
Severability. If one or more of the provisions contained in this invoice shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this contract, but this contract shallbe construed as is such invalid, illegal, or unenforceable provision had never been contained.
Warranties and Disclaimer of Warranty. Seller warrants that at the time of delivery to each purchaser, the products will conform to the description of such products contained in Seller’s web-site. Seller’s sole obligation and a purchaser’s sole remedy under this Warranty is repair or replacement of the products (or defective portion thereof) which Seller finds is defective by reason of a failure to conform to the description of such products on the web-site within a thirty (30) day period after delivery. Any repair or replacement performed under this Warranty shall be performed at Seller’s place of business or at such other location designated by Seller. A purchaser shall bear all incidental expenses of repair, including costs of transportation. Seller’s liability is further limited as provided by paragraph 7 of these terms and conditions. SELLER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The above warranty shall be null and void in the event that the products are altered or damaged by a purchaser or has been, in Seller’s judgment, improperly stored.
DisclaimerCompany takes reasonable efforts to provide accurate Content through the Website, however, Company cannot guarantee accuracy. Use of the Website shall be at each user’s own risk. THE WEBSITE, INCLUDING ALL CONTENT AND THIRD PARTY CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THE CONTENT OR THIRD PARTY CONTENT ON THE WEBSITE. FURTHER, THE COMPANY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THE FUNCTIONALITY OF THE WEBSITE OR THAT THE WEBSITE AND ANY CONTENT OR THIRD PARTY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES. THE FOREGOING APPLIES TO ANY INFORMATION IN ANY WEBSITES HYPERLINKED TO THE WEBSITE.THE COMPANY IS NOT LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, INCIDENTAL OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER THE COMPANY NOR ANY OF ITS SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR FROM ANY CONTENT OR THIRD PARTY CONTENT POSTED ON THE WEBSITE BY THE COMPANY OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING IT. THE MAXIMUM LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO ACCESS AND USE THE WEBSITE.
Copyrights – The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the website in a way that constitutes copyright infringement, please notify us with the following information: (i) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright infringement can be reached as follows: