Terms of Use

 

Last updated and effective as of: September 25, 2017

 

These Terms of Use govern your use of the website (“Site”) and constitute a legally binding agreement between you and JAMES CARLESTONS, LLC., a Florida limited liability company and the operator of the Site (the "Provider" or "we" or “us” or “our”).  By registering with the Site, using the Site, or purchasing merchandise via the Site, you are indicating your acceptance of these Terms of Use and all other portions of the Agreement between you and us and your intent to be legally bound hereby.  If you do not agree, you may not use the Site or its services. 

 

THESE TERMS OF USE AND THE AGREEMENT CONTAIN LIMITATIONS ON OUR LIABILITY AND DAMAGES RECOVERABLE BY YOU, WAIVERS OF WARRANTIES AND JURY TRIALS, AND ANY DISPUTE BETWEEN YOU AND US MUST TAKE PLACE EXCLUSIVELY IN JACKSONVILLE, DUVAL COUNTY, FLORIDA. 

 

NOTHING IN THESE TERMS OF USE OR THE AGREEMENT IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.  IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS OF USE OR ANOTHER PORTION OF THE AGREEMENT, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.

 

These Terms of Use May be Amended in the Future

 

We may modify these Terms of Use at any time, which will be effective upon our providing notice to you or our posting the amended or revised Terms of Use on the Site.  The date of the last revision of these Terms of Use is set forth above at the top of this page and should be checked by you periodically.  Your continued use of the Site after changes have been posted to these Terms of Use will constitute your acceptance of all such changes. 

 

Your Use of the Site

 

We reserves the right, without notice and in its sole discretion, to terminate your use of the Site, and to block or prevent future access to and use of the Site.  You agree that your right to use the Site does not include, and you shall not:

 

• publish, publicly perform or display, or distribute to any third party any Site Materials (as defined below), including reproduction on any computer network or broadcast or publications media;

 

• market, sell or make commercial use of the Site or any Site Materials;

 

• systematically collect and use any data or content including through the use of any automated processes, spiders, scrapers, robots, or similar data gathering, mining or extraction methods;

 

• use the Site for any purpose that is unlawful or prohibited by these Terms of Use or any other part of the Agreement or in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site;

 

• make derivative works or uses of the Site or the Site Materials; or

 

• use, frame or utilize framing techniques to enclose any portion of the Site (including the images found at the Site or any text or the layout/design of any page or form contained on a page).

 

You are responsible for the security of your account and password.  We will not be liable for any damages and expenses arising out of or relating to any unauthorized use of such password or your account.

 

Third Party Links and Content

 

The Site may include links to websites or web pages owned or operated by, or on behalf of, parties other than Provider.  If you are able to link to such other websites or web pages, you understand and agree that any products, services, or information available at such other websites or web pages, and the terms and conditions under which such products, services, and information are being offered, are being provided or determined solely by the entities that own or operate such sites or pages, and not by Provider.  Provider is not responsible or liable for the content of any linked website nor the accuracy of any information provided therein.  Provider does not make any representation or warranty with respect to such third party websites and is not responsible for their accuracy, sufficiency, veracity, completeness or timeliness.  You acknowledge that if you access a third party website from the Site, you do so at your own risk.  You understand that a hyperlink to a third party website does not imply that Provider endorses the content on, or the business of, the hyperlinked website.  You understand that you are solely responsible for determining the integrity and reliability of the information on the Site as well as any information found on a third party website linked to the Site.  You agree that Provider shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.  You are responsible for reviewing the applicable terms of use agreements and privacy policies of the third party websites.

 

Site Content

 

You agree that any electronic or printed information, data, images, videos, photographs, artwork or other content contained on the Site ("Site Materials"), constitute the copyrighted or copyrightable and proprietary property of Provider or third parties from whom Provider has secured permission to display such Site Materials on the Site.  You acknowledge that Provider has granted to you a limited, revocable, and non-exclusive license to use these Site Materials solely for your private, individual and personal use to view the content as it appears on the Site and for no other purposes or uses.  You will not commercialize, sell, download, copy, license, re-license, sublicense, modify, reverse engineer, swap, re-use, create derivative works of or re-purpose the Site Materials, nor will you assist others in doing so.  Unless indicated otherwise, all names, logos, trademarks, service marks, trade dress and trade names are proprietary to Provider in the United States and other countries and may not be used by anyone for any purpose without Provider’s prior express written consent.

 

Your Postings and Submissions

 

Provider may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“Submissions”), which may be accessible and viewable by the public.  Access to these features may be subject to age restrictions.  You may not submit or upload Submissions that are defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.

Provider does not claim ownership to your Submissions; however, you grant Provider a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Provider and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.

You represent and warrant that your Submissions conform to these Terms of Use and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize Provider to use and exploit, your Submissions in all manners contemplated by these Terms of Use, and your Submissions do not and will not infringe the copyright, trade secret, trademark or other intellectual property rights or rights of privacy of you or any third party.   You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the Submissions against Provider or its licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.

Provider has the right but not the obligation to monitor, screen, post, remove, modify, edit, store and review Submissions or communications sent through the Site, at any time and for any reason, including to ensure that the Submissions or communication conforms to these Terms of Use, without prior notice to you.  Provider is not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.

 

Binding and Entire Agreement

These Terms of Use, along with the Site’s Terms and Conditions of Sale and the Return and Refund Policy (collectively, the “Agreement”) constitute the entire, complete and only agreement between you and us regarding the subject matter contained herein, the Site and its use, and your order, purchase and use of merchandise, and supersedes all proposals and prior agreements, whether oral or written, and all other communications between the parties relating to this subject matter.   Any modification of any term or condition of the Agreement shall be effective only if in writing and signed by authorized representatives of all parties.  No other act, usage or custom shall be deemed to modify the Agreement.  You may not assign the Agreement to any third party without our prior written consent.  The Agreement will be binding upon and will ensure to the benefit of the parties and their heirs, successors and assigns.

 

WARRANTY DISCLAIMERS

 

THE SITE AND ALL CONTENT THAT YOU ACCESS ON THE SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY.  YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AT YOUR OWN RISK AND IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. 

 

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, AS TO THE SITE OR ITS USE AND IT IS PROVIDED TO YOU “AS IS” AND WITH “ALL FAULTS” AND “AS AVAILABLE” AND PROVIDER MAKES NO GUARANTIES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE SITE OR ITS CONTENTS.  THE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

 

LIMITATIONS OF DAMAGES AND LIABILITY

 

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL PROVIDER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES OR ANY SIMILAR DAMAGES OF ANY KIND OR NATURE, ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SITE OR ANY MERCHANDISE OFFERED, ORDERED, PURCHASED OR SOLD TO YOU OR ANY MERCHANDISE’S USE OR MISUSE, WHETHER OR NOT ARISING FROM BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, CIVIL LIABILITY OR OTHERWISE, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS EXCLUSION OF LIABILITY WILL APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OF THE AGREEMENT OR ANY FUNDAMENTAL BREACH OF THE AGREEMENT.

PROVIDER’S COMPLETE, AGGREGATE AND TOTAL LIABILITY TO YOU FOR ANY AND ALL LOSSES, DAMAGES, CLAIMS, LIABILITIES, INJURIES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SITE OR ANY MERCHANDISE OFFERED, ORDERED, PURCHASED OR SOLD TO YOU OR ANY MERCHANDISE’S USE OR MISUSE (COLLECTIVELY, A “LIABILITY”), SHALL BE LIMITED TO: (I) IF THE LIABILITY WAS CAUSED BY MERCHANDISE PURCHASED BY YOU, THEN THE AMOUNT OF THE PURCHASE PRICE FOR SUCH MERCHANDISE GIVING RISE TO THE LIABILITY THAT WAS ACTUALLY PAID BY YOU TO US; OR (II) IF THE LIABILITY IS NOT CAUSED BY MERCHANDISE PURCHASED BY YOU, THEN ONE HUNDRED AND NO/100 DOLLARS ($100.00).

CERTAIN STATE LAWS AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Governing Law and Choice of Forum

 

The Agreement is governed and interpreted pursuant to the laws of the State of Florida, United States of America, notwithstanding any principles of conflicts of law.  The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.  The parties agree that the Agreement shall not be governed by the Uniform Computer Information Transactions Act (UCITA) should UCITA or any similar legislation be in force or later enacted in any jurisdiction governing the Agreement.  You agree that the sole and exclusive venue for any dispute arising out of or relating to the Agreement or the Site or any merchandise offered, ordered or sold to you or any merchandise’s use or misuse shall be filed, and venue properly lies, only in a state or federal court located in Jacksonville, Duval County, Florida, and that you irrevocably consent to the personal jurisdiction and venue therein.  ALL PARTIES TO THE AGREEMENT WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY.     

 

No Relationship

 

You understand and agree that Provider has not entered into any form of fiduciary or special relationship with you.

 

Additional Terms

 

Whenever possible, each provision of the Agreement shall be interpreted in such a manner as to be effective and valid under applicable law.  However, if any provision of the Agreement or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, such provision shall be reduced to such scope as is reasonable and enforceable if possible.  Otherwise, such provision shall be severed and ineffective to the extent of such prohibition or invalidity without it invalidating the remainder of the provisions of the Agreement or the application of the provision to the other parties or other circumstances.  The waiver of a breach of these Agreement or the failure of a party to exercise any right under the Agreement shall only be effective if in writing.  In no event shall any waiver constitute a waiver as to any other breach, whether similar or dissimilar in nature, or prevent the exercise of any right under the Agreement.