Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.jacksmith.com website (the "Site") operated by Jack Smith ("us", "we", or "our").Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Site.By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Site.
The Site and its original content, features, and functionality are owned by Jack Smith and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
The Site may allow you to submit, upload, publish or otherwise make available content, including but not limited to text, graphics, images, or comments ("User Content"). You retain all rights in, and are solely responsible for, the User Content you submit.
By submitting User Content to the Site, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Site and our business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
Our Site may contain links to third-party web sites or services that are not owned or controlled by Jack Smith.
Jack Smith has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Jack Smith shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Site will immediately cease. If you wish to terminate your account, you may simply discontinue using the Site.
The Site and its contents are provided on an "as is" basis without any warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by using the Site, that your use of the Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Site, and that Jack Smith shall not be liable for any damages of any kind related to your use of this Site.
In no event shall Jack Smith, its affiliates, officers, directors, employees, agents, or suppliers be liable for any indirect, special, incidental, consequential, or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Site or its contents, materials, or functions (including but not limited to lost profits, business interruption, or loss of information or data).
You agree to defend, indemnify, and hold harmless Jack Smith, its affiliates, officers, directors, employees, agents, or suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, User Content or any other content you submit or make available through the Site.
These Terms shall be governed and construed in accordance with the laws of the United States and the state of California, without regard to its conflict of law provisions.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Site after any revisions become effective, you agree to be bound by the updated Terms. If you do not agree to the new terms, you are no longer authorized to use the Site.
If you have any questions about these Terms, please contact us at support@jacksmith.com.Effective date: May 2023