TERMS OF USE

Please read these Terms of Use carefully before accessing or using any part of the Jerdon website (“Website”).

BY ACCESSING OR USING THIS WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE AS WELL AS THE JERDON PRIVACY POLICY, WHICH IS HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS OF USE.

If you do not wish to agree to these Terms of Use, please discontinue using this Website.

Jerdon may revise and update these Terms of Use or other user agreements as needed. If this occurs, Jerdon will attempt to notify you via the e-mail address you have provided or by another reasonable means, including temporary notifications on the landing page. Amended Jerdon online agreements will be effective thirty (30) days after they are posted. If you disagree with the Terms of Use (including any amendments thereto) or are dissatisfied with this Website, your sole and exclusive remedy is to discontinue using this Website.

Use of the Jerdon Website

You agree to use the Jerdon site only for lawful purposes:
(1) Specifically you agree not to do any of the following at, to, through or from the Jerdon Website:

a. communicate, upload or transmit any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner;
b. violate the legal rights (including intellectual property rights and the rights of publicity and privacy) of others or violate the laws of any jurisdiction;
c. intercept or attempt to intercept electronic mail not intended for you;
d. misrepresent an affiliation with any person or organization;
e. collect information about others;
f. restrict or inhibit use of the Jerdon Website by others;
g. upload or otherwise transmit files that contain a virus or corrupted data;
h. upload to or transmit any advertisements or solicitations of business;
i. post “spam,” transmit chain letters or engage in other similar activities; or
j. engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Jerdon Website, or which may harm Jerdon or users of the Website or expose them to liability.

(2) Any content and/or opinions uploaded, expressed or submitted to the Jerdon Website, other than the content provided by Jerdon, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Jerdon. You agree that you are responsible for submitted content, and you, not Jerdon, bear the full responsibility for such content. By uploading or otherwise transmitting material to the Jerdon Website, you represent and warrant that the material is free of any and all proprietary or other restrictions and that you have the right to transmit it to the Website.

(3) Jerdon reserves the right to remove any material that Jerdon, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Jerdon has been notified, or has reason to believe, constitutes a copyright infringement. Jerdon further reserves the right to cancel the account of any individual Jerdon reasonably believes is engaged in violative conduct.

Trademarks

The terms Jerdon®, Wonderbar®, Westminster®, Eclipse®, Mirror Go Lightly®, Warmrails®, First Class® and Halo Light® and the associated logo(s) are trademarks of Jerdon Style, LLC. You may not use such marks without Jerdon’s prior written permission. All other logos, slogans, trade names, brands and marks on the Jerdon Website are for identification purposes only and may be the trademarks or registered trademarks of their respective owners.

Online Purchases

All purchases from the Website are governed by the Terms of Sale, which is incorporated by reference into these Terms of Use.

Privacy; Protection of Personal Information

Jerdon’s use of your personal information and your responsibilities in connection with protecting your privacy are described in the Privacy Policy, which is incorporated by reference into these Terms of Use.

Links to Other Sites; References to Third Parties

The Website contains links to other websites on the Internet. Jerdon is not responsible for and does not endorse the content, products, services or practices of any third party websites, including, without limitation, sites framed within the Website or third party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third party websites is at your own risk and subject to the terms and conditions of use for such websites.

Limitation of Liability

THE WEBSITE , INCLUDING ANY INFORMATION AVAILABLE THEREON, IS PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS. NEITHER JERDON NOR ANY PERSON ASSOCIATED WITH JERDON MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE JERDON WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER JERDON NOR ANYONE ASSOCIATED WITH JERDON WARRANTS OR REPRESENTS THAT THE JERDON WEBSITE OR THE SERVICES PROVIDED ON OR THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE JERDON WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE JERDON WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. JERDON DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL JERDON, OR THIRD PARTIES AND SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. NEITHER JERDON NOR THIRD PARTIES OR SUPPLIERS ARE RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE WEBSITE AND/OR ANY MATERIAL LINKED THROUGH THE WEBSITE. UNDER NO CIRCUMSTANCES WILL JERDON’S OR ANY THIRD PARTIES’ DIRECT LIABILITY ARISING OUT OF USE OF THE SERVICES EXCEED THE GREATER OF (I) THE AMOUNT YOU HAVE PAID JERDON FOR SUCH USE OR (II) $10.00. SOME JURISDICTIONS DO NOT PERMIT SOME OF THE ABOVE LIMITATIONS OF LIABILITY, AND THEREFORE THIS MAY NOT APPLY TO YOU. IT IS YOUR RESPONSIBILITY TO DETERMINE THIS.

Indemnification

You agree to indemnify and hold harmless Jerdon and its officers, directors, employees, agents, affiliates, third party information providers, licensors and others involved in the Website or the delivery of products, services or information over the Jerdon Website, from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys’ fees and costs of litigation,, arising from any violation by you of this Agreement or your use of the Website or any products, services or information obtained from this Website.

Comments and Submissions

Jerdon welcomes your comments. If you choose to comment or provide Jerdon with material through the Website or email, you agree to grant Jerdon and Jerdon’s respective contractors and business partners a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license in perpetuity to (a) use, copy, publicly perform, digitally perform, publicly display, and distribute any such comments or other material (“Content”) and to (b) prepare derivative works based on, or incorporate into other works, such Content, with or without attribution. You understand that all your Content may be visible to, sent to, and viewed by all other users of the Website, and you expressly waive any privacy rights you may otherwise have to your Content. You agree to allow Jerdon, if so elected in Jerdon’s sole discretion, to email your Content to other users or use your Content in Jerdon’s advertisements.

Contact

Please contact Jerdon if you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms of Use.

Miscellaneous

These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Texas without regard to its conflicts of law principles. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and Jerdon with respect to the Website, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. You agree that any cause of action you may have with respect to the Jerdon Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Jerdon Website shall be in the state or federal courts located in Texas. If any provision in the Terms of Use should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from the Terms of Use if no such modification is possible, and the other provisions of the Terms of Use shall remain in full force and effect. Jerdon’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Jerdon nor any trade practices shall be deemed to modify these Terms of Use.