Terms and Conditions of Use
Welcome to JackRogersUSA.com (the “Site”), owned and operated by Jack Rogers LLC and its affiliates (“Jack Rogers”, “We”, or “Us”). By accessing the Site, you are agreeing to be bound by these Terms and Conditions of Use (the “Terms”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing the Site.
From time to time, Jack Rogers may (a) supplement or make changes to these Terms, access and use procedures, documentation, security procedures, standards for equipment or other rules, (b) change the type and location of Jack Rogers’ system equipment, facilities, or software, or (c) modify or withdraw any particular service or product referred to in the Site or any Jack Rogers database, material, service, or system. Jack Rogers does not, however, make any commitment to update the Site. Jack Rogers reserves the right to terminate access to the Site or take other actions it reasonably believes necessary to comply with the law or to protect its rights or customers. Any access or attempt to access or use the Site for any unauthorized or illegal purpose is strictly prohibited.
Accessing the Site does not grant you a free license to any of the material on the Site. Permission is granted to temporarily download one copy of the materials (information or software) on the Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and material may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Jack Rogers at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Except as otherwise identified, the trademarks, including names, logos, slogans, and service marks, appearing at the Site, whether registered or unregistered, are the property of Jack Rogers. Such marks are not to be copied, reproduced, published, or in any way used without the written permission of Jack Rogers or the identified owner of the trademark. Except as otherwise identified, the copyright in all content of the Site, including but not limited to text, artwork, images, logos, and photographs, is owned by Jack Rogers. No part of the Site may be published, stored, or transmitted in any form or means without the express written permission of Jack Rogers. In accordance with these Terms you may download content displayed on the Site for non-commercial, personal use only and must retain all copyright and other proprietary notices contained in the content. By agreeing to these Terms, you agree not to display or use any Jack Rogers intellectual property without prior permission from Jack Rogers.
Without Jack Rogers’ prior written consent, which may be given or withheld at Jack Rogers’ sole discretion, you may not: (a) resell, sublicense, rent, lease, or otherwise publicly distribute any Jack Rogers information, services, materials, database, or any part or parts thereof or information contained therein, or any access thereto; (b) use your access to the Site or Jack Rogers’ information, services, materials, database, or system to export or re-export technical data in violation of U.S. export control laws and regulations; c) use or access the Site or any Jack Rogers information, services, materials, database, or system in violation of, or post any information to any Jack Rogers owned or licensed database which violates, any federal or state law, including data privacy laws and communication regulations and tariffs, or which infringes the intellectual property rights or misuses proprietary information of a third party, or is made in furtherance of an illegal or fraudulent scheme or activity; (d) copy ortransfer any Jack Rogers information, service, material, database, or documentation, except as permitted by Jack Rogers; or (e) modify, adapt, reverse engineer, decompile, disassemble, translate, or convert any portion of Jack Rogers’ databases or system, or the selection, coordination, or arrangement of products or services in any Jack Rogers database.
Jack Rogers does not authorize the purchase of merchandise for resale. To enforce this, we may in our sole discretion, limit or cancel quantities purchased. We reserve the right to put a stop on orders that involve distributors or resellers. This policy applies to both JackRogersUSA.com as well as all Jack Rogers retail stores.
Jack Rogers does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded, or accessed from the Site, nor the quality of any products, information, or other materials or services displayed, obtained, or purchased by you as a result of your use of the Site or any Jack Rogers service, database, materials, or system. Jack Rogers does not warrant that any of the materials on the Site are complete or current. The materials appearing on the Site could include technical, typographical, or photographic errors. You hereby acknowledge that any reliance upon any information or materials shall be at your sole risk. Jack Rogers reserves the right, in its sole discretion and without any obligation, to correct any error or omissions in any portion of the Site or any Jack Rogers’ service, database, materials, or system at any time, with or without notice to you.
ALL INFORMATION, PRODUCTS OR CONTENT ON OR OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND YOU HEREBY WAIVE ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, RELATING THERETO, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT. JACK ROGERS DOES NOT WARRANT THAT ANY INFORMATION, PRODUCT, CONTENT, OR OTHER MATERIAL IS COMPLETE, ACCURATE, RELIABLE OR WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ANY JACK ROGERS PRODUCT, SERVICE, DATABASE, MATERIAL OR ANY THIRD PARTY PRODUCTS, SERVICES, PROGRAMS, SYSTEMS, OR DATA USED WITH OR THROUGH OR PROVIDED BY JACK ROGERS, OR ANY PART THEREOF, WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS IN SUCH INFORMATION, PRODUCTS, SERVICES, SYSTEMS, DATABASES, OR MATERIALS WILL BE OR CAN BE CORRECTED. IN NO EVENT SHALL JACK ROGERS AND EACH OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, LICENSORS, SUPPLIERS, AGENTS OR REPRESENTATIVES HAVE ANY LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU) WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SITE, IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN THE SITE, ANY JACK ROGERS INFORMATION, PRODUCT, SERVICE, OR PART THEREOF. YOU ALSO ACKNOWLEDGE THAT ELECTRONIC COMMUNICATIONS AND DATABASES ARE SUBJECT TO ERRORS, TAMPERING, AND BREAK-INS AND THAT WHILE JACK ROGERS WILL IMPLEMENT REASONABLE SECURITY PRECAUTIONS TO ATTEMPT TO PREVENT SUCH OCCURRENCES, JACK ROGERS DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT TAKE PLACE. YOUR INSTALLATION AND INPUTS, AS WELL AS THIRD PARTY SYSTEMS AND PROCEDURES, MAY INFLUENCE THE OUTPUT AND ERRORS IN ANY ORDER OR ELECTRONIC TRANSMISSION OR COMMUNICATION, AND CAN RESULT IN SUBSTANTIAL ERRORS IN OUTPUT, INCLUDING INCORRECT INFORMATION, ORDERS, AND AGREEMENTS. IN ADDITION, ERRORS MAY BE INTRODUCED INTO INFORMATION OR ORDERS IN THE COURSE OF THEIR TRANSMISSION OVER ELECTRONIC NETWORKS. YOU SHALL IMPLEMENT AND TAKE RESPONSIBILITY FOR APPROPRIATE REVIEW AND CONFIRMATION PROCEDURES TO VERIFY AND CONFIRM ORDERS OR OTHER TRANSACTIONS IN WHICH YOU PARTICIPATE USING THE SITE, INFORMATION, SERVICES, DATABASES, SYSTEMS, OR OTHER MATERIAL.
YOU ALSO ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY POSTING MADE BY OR FOR YOU TO THE SITE DOES NOT CONTAIN ANY VIRUS OR OTHER COMPUTER SOFTWARE CODE OR ROUTINE DESIGNED TO DISABLE, ERASE, IMPAIR, OR OTHERWISE DAMAGE THE SITE OR ANY SYSTEM, SOFTWARE, OR DATA OF OR ANY OTHER USER OF ANY JACK ROGERS INFORMATION, SERVICES, DATABASES, MATERIALS, OR SYSTEM. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD JACK ROGERS HARMLESS FROM ANY LIABILITY, CLAIM, COST, OR DAMAGE ARISING OUT OF ANY CLAIM OR SUIT BY ANY SUCH USER CAUSED BY ANY SUCH VIRUS OR CODE OR SUBROUTINE.
NEITHER JACK ROGERS NOR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, LICENSORS, SUPPLIERS, AGENTS OR REPRESENTATIVES SHALL IN ANY EVENT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES, OR BUSINESS ADVANTAGES WHATSOEVER, NOR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL LOSSES, DAMAGES, OR EXPENSES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF THE SITE, OR WITH RESPECT TO ANY OTHER HYPERLINKED SITE, OR ANY JACK ROGERS INFORMATION, CONTENT OR OTHER MATERIAL OR SOFTWARE USED THEREWITH, OR THE FAILURE, NON-COMPLIANCE, OR LIMITED AVAILABILITY OF ANY INFORMATION, PRODUCT, CONTENT, OR SERVICE PROVIDED BY JACK ROGERS THROUGH THE SITE, ANY INFORMATION PROVIDED IN THE JACK ROGERS SYSTEM, OR ANY OBLIGATION UNDER OR SUBJECT MATTER OF THE SITE, WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY OTHER THEORY OF RELIEF, OR WHETHER OR NOT JACK ROGERS IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
You are prohibited from violating or attempting to violate the security of the Site and from using the Site to violate the security of other Sites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the Site, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any Jack Rogers packet header or any part of the header information in any e-mail, instant message, text message or social media posting. Violations of system or network security may result in civil or criminal liability. Jack Rogers may investigate violations of these Terms and may involve and cooperate with law enforcement authorities in prosecuting users of the Site who are involved in such violations.
Jack Rogers has not reviewed all of the sites linked to the Site and is not responsible for the contents of any such linked Site. The inclusion of any link does not signify endorsement by Jack Rogers of the Site. Use of any such linked Site is at the user's own risk.
Jack Rogers has made every effort to display products on the Site exactly as they appear. Please note that displayed colors vary depending on your computer screen. Jack Rogers is not responsible for discrepancies that exist between actual images and their descriptions and the way they appear on your monitor. Final sale products are final sale even if you claim such a discrepancy.
User Content - By sharing photos on Instagram, Twitter, Facebook with the hashtag #lovemyjacks or #JackRogers, directly uploading photos to JackRogersUSA.com, or by responding to Jack Rogers USA's photo rights request with the hashtag #sharemyjacks, you are agreeing to the following:
As between you and us, you own all content and information you post or share using the Site (referred to as "User Content"), such as posting or sharing comments, photos, and videos.
You grant permission to Jack Rogers USA a license to reproduce, display, perform, distribute, and otherwise use your User Content in connection with the Site and for other Jack Rogers USA marketing purposes, including but not limited to catalogs, email, and other customer communications, store materials, social media, and other marketing. Jack Rogers USA may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote Jack Rogers USA. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.
You promise that: You own all rights to your User Content or, alternatively, that you have the right to give Jack Rogers USA the rights described above; you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
Jack Rogers USA may refuse to accept or transmit User Content for any reason, as well as remove User Content from the Site for any reason.
By visiting the Site, you hereby agree to defend, indemnify and hold harmless Jack Rogers and its officers, directors, shareholders, employees, contractors, agents and representatives from and against any and all claims, liabilities, damages, losses or expenses (including without limitation, attorneys’ fees), arising from your access to or use of the Site, your violation of these Terms, or the posting or transmission of any materials on or through the Site by you.
If any part or parts of these Terms are held to be invalid, the remaining parts will continue to be valid and enforceable. Nothing in these Terms affects any statutory rights of consumers that cannot be waived or limited by contract. The use by you of the Site, the information, content, services or other materials provided herein, and any and all other matters between Jack Rogers and you related hereto, shall be governed by applicable United States federal law and the laws of the State of New York, excluding its conflict-of-laws rules. You hereby agree to waive any right to a jury trial in any suit arising out of or relating to the Site or any Jack Rogers information, content, service, or other product. Any suit or proceeding arising out of or relating hereto must be commenced within one year from the date the right, claim, demand, or cause of action being asserted first came into being. Venue for all disputes arising out of or relating to these Terms shall be in the state and federal courts situated in New York, New York.
To contact us with any questions in connection with these Terms, please refer to the Contact Us page on JackRogersUSA.com.
Updated February 2, 2015