1. Use of Site Materials
All content, design, text, graphics, photographs, interfaces, the selection and arrangements thereof, and any other material on the Site are protected by United States and international copyright law and other intellectual property laws and are owned by Jack Black L.L.C. or other respective owners that have granted Jack Black L.L.C. the right and license to use such materials.
All trademarks, service marks, trade names, and logos (collectively, the “Marks”) are registered and unregistered trademarks of Jack Black L.L.C. or other respective owners that have granted Jack Black L.L.C. the right and license to use such Marks. Nothing on this Site should be construed as granting any license or right to use any Mark displayed on the Site. You may not use any Marks without the prior written permission of Jack Black L.L.C.
3. User Accounts
4. User Submissions
Any material, information, idea, or other communication you transmit to or post on this Site or to Jack Black L.L.C. by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Jack Black L.L.C. and/or its designees for any purpose whatsoever, including, but not limited to, developing and manufacturing products (“Communications”). Jack Black L.L.C. will have no obligations with respect to the Communications. Jack Black L.L.C. and its designees will be free to copy, disclose, distribute, incorporate, or otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial and noncommercial purposes. You are prohibited from posting or transmitting to or from this Site anything unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could rise to any civil or criminal liability under the law.
5. Disclaimer of Warranties and Limitation of Liability
THE SITE IS PROVIDED BY JACK BLACK L.L.C. ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. JACK BLACK L.L.C. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, OR MATERIALS INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JACK BLACK L.L.C. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. JACK BLACK L.L.C. DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF JACK BLACK L.L.C.’S CONTROL. Price and availability information is subject to change without notice.
IN NO EVENT SHALL JACK BLACK L.L.C. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF JACK BLACK L.L.C. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THIS SITE AND/OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE.
SEE SECTION 13 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 5.
SEE SECTION 13 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 6.
7. Links to Third Party Sites
This Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). These links are provided solely as a convenience to you, and do not constitute an endorsement by Jack Black L.L.C. of the content of such third party sites nor of the business practices of such other businesses, entities or individuals. You acknowledge that Jack Black L.L.C. is not responsible for the availability of, or the content located on or through, any External Site. You should carefully review their privacy statements and other conditions of use on any third party site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
8. Governing Law
IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN SECTION 13.
SEE SECTION 13 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 9.
In order to expedite and control the cost of disputes, you and Jack Black L.L.C. agree that any legal or equitable claim relating to use of this Site or purchase of any product from this Site (referred to as a “Claim”) will be resolved as follows:
A. Informal Resolution:
You and Jack Black L.L.C. will first attempt to resolve any Claim informally. Accordingly, neither you nor Jack Black L.L.C. may start a formal Arbitration proceeding for at least 60 days after one party notifies the other party of a Claim in writing.
SEE SECTION 13 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SUB-SECTION 12(A).
B. Formal Resolution by Arbitration:
- (1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to:
JAMS [to your local JAMS office or to JAMS, 8401 N. Central Expressway, Suite 610, Dallas, TX 75225].
(3) Send one copy of the Demand for Arbitration to the other party.
C. Time to Bring Your Claim:
SEE SECTION 13 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SUB-SECTION 12(C).
13. Exclusions and Limitation; Consumer Protection Notice
Copyright © 2016 Jack Black L.L.C. All rights reserved.
Last Modified March 22, 2016