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terms-of-use

Terms Of Use

Last Updated: July 2018

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THESE INCLUDE LIMITATIONS OF LIABILITY, WARRANTY INFORMATION, AND CLAUSES THAT GOVERN THE JURISDICTION, VENUE, AND CHOICE OF LAW GOVERNING DISPUTES BETWEEN THE PARTIES.

“User” or “You” means any visitor to JIS’ websites, regardless of whether the visitor registers for the Site or purchases any products or services.

“Terms” refers to the terms and conditions of these Terms of Use.

2. Use Of Site

By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms, whether or not you become a registered user of the Site. These Terms govern your access to and use of the Site and constitute a binding legal agreement between you and JIS. Please also read carefully our Privacy Policy.

4. Privacy Policy And Cookie Policy

Users of the Site should refer to the JIS Privacy Policy and Cookie Policy (as may be updated from time to time), for information about how JIS uses and collects information. You agree that JIS may collect, use, retain, and disclose your personally identifiable information to the extent permissible by law and as described in the Privacy Policy and Cookie Policy and that those policies will govern JIS’ collection and use of your personally identifiable information to the extent permissible by law.

In using the Site, you further agree not to (i) disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, systems resources, accounts, servers, or networks connected to or accessible through the Site, or affiliated or linked websites; (ii) disrupt or interfere with any other user’s enjoyment of the Site, or affiliated or linked websites; (iii) upload, post, or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files; (iv) use, frame, or utilize framing techniques to enclose any JIS trademark, logo, or other proprietary information (including, but not limited to, the images found on the Site, website content, the content of any text, or the layout/design of any page or form contained on a page) without JIS’ express written consent; (v) use meta tags or other “hidden text” utilizing a JIS name, trademark, or product name without JIS’ express written consent; (vi) create or use a false identity on the Site, share your account information, or allow any person besides yourself to use your account to access the Site; (vii) collect or store personal data about others; (viii) attempt to obtain unauthorized access to the Site or portions of them that are restricted from general access; and/or (ix) post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violates any law. You also agree not to post any copyrighted material unless the copyright is owned by you.

If you do not agree to these Terms, you do not have our consent to obtain information from or otherwise use the Site. Failure to use the Site in accordance with these Terms may subject you to civil or criminal penalties.

6. Changes To The Site

JIS reserves the right, at its sole discretion, to modify the Site and these Terms at any time and without prior notice. If we modify these Terms, we will either email you or post the modification on the Site. We will also update the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Site after we have posted a modification on the Site, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not agreeable to you, your only recourse is to stop using the Site.

7. Linked Websites

The Site may contain links to third party websites or resources. JIS makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of websites accessible by hyperlinks from the Site, or websites linking the Site. The linked websites are not under the control of JIS, and JIS is not responsible for the content of any linked website or any link contained in a linked website, or any review, changes, or updates to such websites. You accept sole responsibility for and assume all risk arising from your use of any such websites or resources, or the content, products, or services on or available from such websites or resources.

The inclusion of a hyperlink to a third party website does not imply affiliation, endorsement, or adoption by JIS of the website or any information contained therein. When leaving the Site, you should be aware that JIS’ Terms, Privacy Policy and Cookie Policy, and our other policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that third party website.

Together with other logos and product names appearing on the Site, JIS’ trademarks and copyrights may not be copied, imitated, or used, in whole or in part, without the prior written permission of JIS. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of JIS, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of JIS. Other names and brands on the Site may be claimed as the property of others.

JIS complies with the Digital Millennium Copyright Act. JIS accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. If you believe JIS or any user of the Site has infringed your copyright in any material way, please notify JIS, and provide the following:

11. Product Descriptions

We have taken reasonable precautions to ensure that all product descriptions, prices, and other information shown on the Site are correct and fairly described. By placing an order on the Site, you are making an offer to JIS. To the extent permitted by law, JIS reserves its right to not accept the offer if there has been a material error in the description of the product, or if the price advertised is incorrect. All prices are displayed in United States Dollars unless expressly indicated otherwise.

12. Order And Payment Information

If you use the Site or other means to purchase a product or service, payment must be received by JIS prior to JIS’ acceptance of an order, unless otherwise agreed in advance by JIS. All JIS products are subject to sales tax, which will be applied to your order total. The products available on the Site are for your use only. You may not sell or resell any of the products or services that you purchase or otherwise receive from us. JIS may need to verify information you provide before JIS accepts an order, and may cancel or limit an order any time after it has been placed. We reserve the right, with or without notice, to cancel any order, or portion thereof, that we believe, in our sole discretion, may result in the violation of our Terms. If payment has already been made and your order is cancelled or altered, JIS will refund you any payment made for the product that will not be shipped due to cancellation or alteration of an order in the same tender as the original purchase. JIS expressly conditions its acceptance of your order on your agreement to these Terms.

13. Disclaimer Of Warranties Relating To Use Of The Site

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO THE SITE OR DATABASE REMAINS WITH YOU. NEITHER JIS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, OR TORT (INCLUDING NEGLIGENCE), AND WHETHER OR NOT JIS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

14. Indemnification

NOTICE TO NEW JERSEY USERS: If you live in New Jersey, this section does not apply to you.

15. Limitations On Liability

NOTICE TO NEW JERSEY USERS: If you live in New Jersey, this section does not apply to you.

To the extent permitted by law, you agree that JIS will not be liable for any damages, claims or losses incurred (including, but not limited to, compensatory, incidental, indirect, special, consequential, or exemplary damages), however caused or under any theory of liability arising in connection with (i) the Site; (ii) the use or inability to use the Site; (iii) the use of or reliance on any content or information displayed in or on the Site; (iv) the purchase or use of any products through the Site or otherwise; (v) unauthorized access to or alteration of your data that is sent to or received by the Site; or (vi) errors, system down time, network or system outages, file corruption, or service interruptions.

JIS will not be liable in any amount for failure to perform any obligation under these terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, but not limited to, internet outages and/or communications outages.

These exclusions will be governed by and construed in accordance with the laws of the State of Ohio. If any provision or part of any provision of these terms is declared invalid, unlawful, void, or unenforceable for any reason, it will be deemed severable and will not affect the validity and enforceability of the remaining provisions of these terms.

16. International Users

Our website is controlled, operated, and administered by JIS from its offices in Cleveland, Ohio. JIS makes no representation that materials on the Site are appropriate or available for use at other locations outside the United States, and access to them is prohibited from territories where the contents or products available through the Site are illegal. You may not use the Site or export its website content or products in violation of United States export laws and regulations. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws.

Notwithstanding any of these Terms, JIS reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block and prevent future access to and use of the Site. You agree that JIS will not be liable for any termination of your use of or access to the Site.

19. Severability

If any provision of these Terms, or part thereof, is deemed invalid, unlawful, void, or for any reason unenforceable, then that provision, or part thereof, will be deemed severable from the rest of the Terms and will not affect the validity or enforceability of any remaining provisions or part thereof.

20. Disputes, Binding And Confidential Arbitration, And Waiver Of Class Actions And Class Arbitrations

AS SET FORTH IN THIS SECTION, INSTEAD OF SUING IN COURT, WE EACH AGREE TO SETTLE DISPUTES (EXCEPT CERTAIN SMALL CLAIMS) ONLY BY ARBITRATION. BY USING THE SITE AND AGREEING TO THESE TERMS OF USE, YOU ARE AGREEING TO WAIVE AND ARE WAIVING YOUR RIGHT TO SUE JIS IN COURT AND YOUR RIGHT TO A TRIAL BY JURY. YOU AND JIS EACH AGREE THAT DISPUTES WILL BE ARBITRATED. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES, AND MUST HONOR THE SAME LIMITATIONS STATED IN THE AGREEMENT AS A COURT WOULD.

Confidential and Binding Arbitration. You and JIS agree to confidential and binding arbitration of all Disputes between the parties pursuant to the provisions in this section. ARBITRATION MEANS THAT YOU AND JIS WAIVE OUR RESPECTIVE RIGHTS TO A JUDGE OR JURY IN A COURT PROCEEDING AND GROUNDS FOR APPEAL ARE LIMITED. You and JIS also agree that (i) these Terms memorialize a transaction in interstate commerce; (ii) the Federal Arbitration Act (9 U.S.C. §§1, et seq.) governs the interpretation and enforcement of this section; and (iii) this section will survive termination of these Terms. The arbitrator may award the same damages as a court sitting in proper jurisdiction could, and may award declaratory or injunctive relief warranted by a claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation, and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator will be final and enforceable by any court with jurisdiction over the parties.

Dispute Notice. In the event of a Dispute, you or JIS must first send to the other party a notice of the Dispute that includes a written statement that sets forth the name, address, and contact information of the party giving notice, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to JIS must be addressed and sent by certified mail to: Attn: Dispute Notice Agent, JIS, a Division of Jergens Inc. 15700 South Waterloo Rd. Cleveland, OH 44110 (the “JIS Notice”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If JIS and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, either you or JIS may commence an arbitration proceeding pursuant to this section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.

Arbitration Procedure. If a party elects to commence arbitration, the arbitration will be governed by the terms set forth in this section and the Expedited Arbitration Procedures of Judicial Arbitration and Mediation Services (JAMS) that are in effect at the time the arbitration is initiated (the “JAMS Procedures”), which are available at http://www.jamsadr.com or by calling 1-800-352-5267. The parties expressly agree that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration will be limited to the resolution of individual claims only. If there is a conflict between the JAMS Procedures and the terms set forth in this section, the terms in this section will govern. The parties may, in arbitration, seek all remedies otherwise available to them pursuant to federal, state, or local laws. All Disputes will be resolved by a single neutral JAMS arbitrator, and both parties will have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this section. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Notwithstanding this broad delegation of authority to the JAMS arbitrator, a court may determine the limited question of whether a claim or cause of action is for (i) trade secret misappropriation, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv) trademark infringement or dilution, each of which is excluded from the definition of “Dispute” as stated above. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone will take place in a location reasonably accessible from your primary residence, or in Washington, DC, at your option.

555 13th Street, NW

Washington, DC 20004

c. Arbitration Fees. JIS will pay, or (if applicable), reimburse, you for all JAMS filing, administration, and arbitration fees for any arbitration commenced by you or JIS pursuant to the terms of this section.

Amendments to this Section. Notwithstanding any provision in this section to the contrary, you and JIS agree that if JIS makes any future amendments to the dispute resolution procedure and class action waiver provisions set forth in this section (other than a change to the parties’ addresses), JIS will post notice of such amendments on the Site and you will have thirty (30) days from your first visit to, or use of, the Site containing such amendments to affirmatively opt-out of any such amendments. If you affirmatively opt-out of any future amendments, you agree you will arbitrate any Dispute between us in accordance with the language of this section as stated in this current section, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to such future amendments.

21. Exclusive Venue For Other Controversies

Jergens and you agree that any controversy excluded from the dispute resolution procedure or class action waiver provisions in these Terms (other than an individual action filed in small claims court) will be filed only in the Court of Common Pleas for Cuyahoga County, Ohio, or the United States District Court for the Northern District of Ohio, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

23. Time Period For Bringing Claims

You and JIS agree that any cause of action either may have with respect to the Site, or JIS’ products or services must be commenced within one (1) year after the Dispute arises, notwithstanding any statutes of limitations to the contrary. Many states’ laws set statutes of limitations that are longer than one (1) year. If you live in a state that has statutes of limitations that are longer than one (1) year, by agreeing to these Terms, you are agreeing to shorten the time you have to bring a claim. This means that if you wait longer than one (1) year to initiate an arbitration under this section, you will lose some or all rights you may have to any recovery, including the right to recover damages, in connection with a Dispute.

NOTICE TO NEW JERSEY USERS: If you live in New Jersey, your agreement to this provision shortens the time within which you may bring a Dispute.

24. Miscellaneous Terms

The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.

Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and JIS, and you do not have any authority to create any obligation on JIS’ behalf. You may not assign or transfer any rights or obligations of these Terms, by operation of law or otherwise, without JIS’ written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and JIS and their respective successors and assigns.

The terms of this section survive any termination of these Terms.

25. Other Important Terms

These Terms supersede any other terms and conditions previously posted or published by JIS and any other representations or oral statements made by us to you. No delay by JIS in exercising any right or remedy under these Terms will operate as a waiver of that right or remedy or will affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by JIS in writing.