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Terms Of Use

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE (this “Site”). BY ACCESSING OR USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THIS SITE.

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.

Jack Black L.L.C. grants you a non-exclusive right and license to access and use the Site for personal, noncommercial purposes, and to print or download portions of this Site for the sole purpose of placing an order with Jack Black L.L.C. or using this Site as a shopping resource. This license does not include and strictly prohibits: any resale of the Site or its contents; any collection and use of any product listings, descriptions, or prices other than as expressly authorized herein; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. Except as stated in these Terms of Use, no materials on this Site may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or modified in any way without the prior written permission of Jack Black L.L.C.

2. Trademarks

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

Only you may use your GetJackBlack.com user account, and you are responsible for all activity that takes place with your user account. Please keep your user name and password confidential. You must promptly notify us via e-mail at info@getjackblack.com if your password is lost, stolen or used without permission. In such an event, we will change your password and update our records. Jack Black L.L.C. reserves the right to terminate any user account in the event you fail to comply with any of these Terms of Use or our Privacy Policy.

 

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.

CERTAIN STATE LAWS IN THE UNITED STATES 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 OF THE CONTENTS OF THE SITE, OR DO NOT AGREE WITH THESE TERMS AND CONDITIONS, WITH JACK BLACK L.L.C. PRIVACY POLICY OR ANY OTHER POLICIES OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.

 

SEE SECTION 13 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 5.

6. Indemnity

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold Jack Black L.L.C., its subsidiaries, affiliates, co-brand partners, and other parties with which Jack Black L.L.C. is under contract or affiliated, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, but not limited to, any legal and accounting fees resulting from your use of the Site and/or your breach of the Terms of Use, Privacy Policy, and/or resulting from any and all content you submit to Jack Black L.L.C. and/or the Site. Jack Black L.L.C. shall provide notice to you of any such claim, suit or proceeding.

 

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

The Site, these Terms of Use, and our Privacy Policy will be governed by and construed in accordance with the laws of the State of Texas, without regard to principles of conflicts or choice of law. Jack Black L.L.C. makes no representation that materials on this Site are appropriate or available for use outside of the United States. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

 

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.

 

9. General

If any provision of these Terms of Use or Privacy Policy is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that these Terms of Use and Privacy Policy and all agreements and notices incorporated herein may be automatically assigned by Jack Black L.L.C., in our sole discretion, to a third party. You may not assign your obligations to any other entity.

 

SEE SECTION 13 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 9.

10. Privacy Policy

Please review Jack Black L.L.C.’s Privacy Policy, which is incorporated herein by reference.

11. Revisions and Modifications of Terms of Use

Jack Black L.L.C. may revise or modify these Terms of Use at any time. These Terms of Use are subject to change without prior notice. By using this Site, you agree to be bound by any such revisions. Accordingly, you should periodically visit this page to determine the current Terms of Use to which you are bound. Your continued use of our Site following the posting of changes to these Terms of Use means you accept such changes. In the event that you do not agree to any changes or modifications of these Terms of Use, you should not continue to use the Site.

12. Disputes

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:

 

READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute controversy or claim arising out of or relating to these Terms of Use, the applicability of these Terms of Use to the use of this Site, or purchase of any Jack Black L.L.C. or other products on this Site, or to breach or enforcement, interpretation or validity of these Terms of Use, or the determination of the scope or applicability of arbitration shall be governed solely by the Federal Arbitration Act.

 

If you and Jack Black L.L.C. cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding arbitration. By agreeing to arbitration, both you and Jack Black L.L.C. understand and agree that all disputes shall be decided by an arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and Jack Black L.L.C. each agree to settle disputes (except certain small claims) only by arbitration. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. 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 relief, and must honor the same limitations stated in these Terms of Use as a court would.

 

The arbitration will be conducted under the JAMS Streamlined Arbitration Rules & Procedures (referred to as the “JAMS Rules”) and under the rules set forth in these Terms of Use. If there is a conflict between JAMS Rules and the rules set forth in these Terms of Use, the rules set forth in these Terms of Use will govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to the law of the governing state. If you decide to initiate arbitration, Jack Black L.L.C. agrees to pay the arbitration initiation fee and any additional required deposit required by JAMS to initiate your arbitration. You and Jack Black L.L.C. agree to pay the costs of the arbitration proceeding provided however that if you are a consumer you shall not be required to pay more than $250.00 of the fees or such amount as the JAMS Rules may later prescribe. All other fees, such as attorneys’ fees and expenses of travel to the arbitration, will be paid in accordance with JAMS Rules. The arbitration will be held at a location in your home town area if possible, unless you and Jack Black L.L.C. both agree to another location or telephonic arbitration. To initiate arbitration, you or Jack Black L.L.C. must do the following things:

 

  1. (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.

Special Rules in the arbitration proceeding. (i) The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction. (ii) Neither you nor Jack Black L.L.C. shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Accordingly, you and Jack Black L.L.C. agree that the JAMS Class Action Procedures do not apply to our Arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable, except for the prohibition on class, representative and private attorney general arbitrations. Notwithstanding the obligation to arbitrate all Claims under these Terms of Use, you may assert an individual Claim in small claims court in lieu of Arbitration.

 

C. Time to Bring Your Claim:

 
Any Claim you may have directly or indirectly arising out of or relating to these Terms of Use or the Site (including the purchase of any product via the Site) must be commenced within one (1) year after the Claim arises.

 

SEE SECTION 13 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SUB-SECTION 12(C).

13. Exclusions and Limitation; Consumer Protection Notice

If you are a consumer, the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of Sections 5, 6, 8, 9, 12(A), and 12(C) do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Jack Black L.L.C. reserves all rights, defenses and permissible limitations under the law of your State of residence. Notwithstanding the foregoing, nothing in this Section shall modify Section 12(B) (Formal Resolution by Arbitration).

Copyright © 2016 Jack Black L.L.C. All rights reserved.
Last Modified March 22, 2016