These Terms of Service (“Agreement”) govern your access to and use of our website located at www.jbweld.com and any related services (the “Site”), provided by J-B Weld, Inc. (“Company”, “we” or “us”).
This Agreement may be amended by Company from time to time. If we make material changes to the Agreement, we will notify you through the Site or at your primary email address, as specified in your member account information. You agree that such amended Agreement will be effective thirty (30) days after being posted or sent to you, and your continued access to the Site or use of the related services after that time shall constitute your acceptance of the amended Agreement.
1. Eligibility. The Site is intended solely for access and use by individuals that are thirteen (13) years or age or older and have agreed to this Agreement. By accessing and using the Site, you represent that you are at least thirteen (13) years old. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Licenses. Subject to the terms and conditions of this Agreement, Company grants you a license to access and use the Site and any related services and the software and systems enabling the server side of the Site, only to the extent necessary to use the Site. Company reserves the right to change or discontinue the Site (or any feature thereof) at any time, with or without notice.
3. Security. Company will use industry standard efforts to maintain the security and confidentiality of the Site. Although Company will implement and follow these measures to protect against unauthorized access to or interception of information you may provide to the Site, you acknowledge and agree that Company (and its third-party providers) cannot fully eliminate security risks and cannot guarantee that unauthorized access to your information will never occur.
4. Use of the Site. You must use the Site in a manner consistent with any and all applicable laws and regulations and this Agreement.
5. Access and Interference. You will not use any device, software, or routine to interfere or attempt to interfere with any application, function, or use of the Site. You shall not decompile, disassemble, decrypt, extract, reverse engineer, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) enabling or underlying the Site. You shall not attempt to access the Site through any unapproved interface. Company currently makes the Site available to you without charge, but retains the right to charge for the Site in the future, after providing reasonable notice.
6. Proprietary Rights. Company owns and retains all proprietary rights in the Site. The Site contains the copyrighted material, trademarks, and other proprietary information of Company and its licensors. The provision of the Site does not transfer to you or any third party any rights, title or interest in or to such intellectual property, including, without limitation, any intellectual property rights in any Company or third-party content.
7. Term. Subject to this Section, this Agreement will remain in full force and effect while you use the Site. Company may terminate this Agreement, or suspend or terminate your access to the Site, effective upon sending notice to you at the email address you may provide to Company. Upon termination of this Agreement by either party, your right to access and use the Site will terminate immediately. You agree that we will have no liability to you for any costs, losses, damages, or liabilities arising out of or related to our termination of this Agreement. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 8-20.
8. Warranty Disclaimer. To the extent permitted under applicable laws, the Site is provided “As-is” and as available and Company expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Company does not guarantee and does not promise any specific results from the use of the Site. Company makes no warranty that your use of the site will be uninterrupted, free of viruses or other harmful code, timely, secure, or error-free. You agree that Company is not responsible for the timeliness, deletion, mis-delivery, or failure to store any communications or personalization or preference settings. Company does not assume any obligation to monitor activities conducted on the Site.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
9. Limitation on Liability. To the extent permitted under applicable laws, Company shall not be liable to you, or any third party, for any lost profits, indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of the Site, even if Company has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Company’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to Fifty U.S. Dollars (US $50). The existence of one or more claims will not serve to enlarge this limit. You acknowledge and agree that the limitations of Company’s liability are (a) reasonable in light of your ability to use the service at the fees charged by Company (if any), and (b) essential and fundamental parts of this agreement which are necessary to induce Company to enter into this agreement.
Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitation or exclusion may not apply to you.
10. Indemnity. You agree to indemnify and hold Company, its subsidiaries, affiliates, officers, agents, and other partners and their employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of or relating to: (a) your use of the Site, or (b) arising from your breach of this Agreement.
11. Governing Law and Arbitration. This Agreement shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. If a dispute arising under this Agreement results in litigation, the non-prevailing party will pay the court costs and reasonable attorneys’ fees of the prevailing party. Any dispute between the parties will be resolved by arbitration in Denver, Colorado, under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes (but excluding the Supplementary Rules for Class Arbitrations) of the American Arbitration Association (“AAA”). The parties will share the costs of the arbitration equally. The AAA will appoint the arbitrator, who will not have the power to hear any consolidation, joinder, or class arbitration. You expressly agree to waive any right to a jury trial.
12. Electronic Communications. The communications between you and Company use electronic means, whether you visit the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights. You may also receive a copy of this Agreement by emailing us at: email@example.com, Subject: “Terms of Service”.
13. Other. This Agreement contains the entire agreement between you and Company regarding the use of the Site. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Notwithstanding any other provisions herein, the parties agree that no person or entity (including any other member) shall be deemed a third-party beneficiary of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.
14. Copyright/Trademark Information. Copyright © 2012, J-B Weld, Inc. and its affiliates. All rights reserved. The trademarks, logos and service marks (“Marks”) displayed on the Site are our property or may be the property of third parties. Certain uses of Marks require the permission of the owner. If you are interested in using our Marks for any purpose, please contact firstname.lastname@example.org to determine whether such a use requires authorization.
15. Disclosures. Company is located at 1130 Como St, Sulphur Springs TX 75482. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Sites of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
This Agreement was last updated in August 2012.