Jax Junk – Terms of Use
Welcome to Jax Junk aka the Sarah Bettens Shop. The following are the rules or "Terms" that govern use of Jax Junk and the services offered in the shop. By making use of the shop, you agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the shop. Jax Junk reserves the right to change these Terms at any time, effective immediately upon posting on the site. You should review the Terms of Use prior to using Jax Junk.
Permitted Use
You are only authorized to view and to retain a copy of pages of this shop for your own personal use. Any reproduction, publication, or further distribution or public exhibition of materials provided in this shop in whole or in part is strictly prohibited. The content and software in this shop is the property of Jax Junk and/or its suppliers and is protected by U.S. and international copyright laws.
Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Use ("Agreement"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings.
Copyright, Trademarks
The content, layout, design, graphics and other matters related to Jax Junk are protected under applicable copyrights, trademarks and other proprietary rights, and owned by the owners thereof. The names of the artists, and other product and company names in the shop are trademarks of their respective owners.
Editing, Deleting, and Modification
We reserve the right in our sole discretion to edit or delete any documents, information, or other content appearing in Jax Junk.
Indemnification
You agree to indemnify and hold us and our employees, agents, the Artists, our partners, attorneys, staff, and affiliates harmless from any liability, loss, claim, and expense, including reasonable attorney's fees, related to your violation of this Agreement or your use of Jax Junk.
Nontransferable
Your right to use Jax Junk is not transferable. Any password or right given to you to obtain information or documents is not transferable.
Disclaimer
THE CONTENT PROVIDED FROM OR THROUGH THE SHOP IS PROVIDED AS-IS WITHOUT ANY REPRESENTATION, GUARANTY OR WARRANTY OF ANY KIND. ALL WARRANTIES, EXPRESS OR IMPLIED, (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED. THE INFORMATION AND SERVICES PROVIDED IN THE SHOP MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR DAMAGES. THE DISCLAIMER OF WARRANTY AND NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SHOP AND THE CONTENT CONTAINED THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SHOP SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limits
You acknowledge that use of the Internet or Jax Junk is subject to risks. All responsibility or liability for any damages caused by viruses, errors, bugs or anything else contained within the electronic file containing any kind of information is disclaimed. YOU AGREE THAT THE USE OF THIS SHOP IS AT YOUR OWN RISK AND THAT WE WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SHOP. Notwithstanding the foregoing, in the event that any disclaimer or waiver is not given effect, our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods or services.
Use of Information
So long as our use of information is consistent with our Privacy Policy, we reserve the right to, and you authorize us to, use (and assign these rights) all information regarding Jax Junk uses by you and all information provided by you.
Payments
You represent and warrant that if you are purchasing something from us or from our Merchants that (i) the credit card information you supply us is true, correct, and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including all applicable taxes.
Links To Other Web Sites
The shop may contain links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site does not imply approval or endorsement of the linked web site by us. If you decide to leave our site and access these third party sites, you do so at your own risk.
Please remember that when you use a link to go from our shop to another web site, our Terms of Use are no longer in effect. Your browsing and interaction on any other web site, is subject to that web site's own rules and policies. Please read over those rules and policies before proceeding.
Refund Policy
Jax Junk is committed to providing prompt and efficient service. If you have ordered tangible products or goods, your order has been carefully packed and inspected, and we hope that you are pleased with the items you selected. Please check the contents of this package immediately against the items listed on the packing list enclosed with your order. If your package has been damaged or tampered with in any way, please report this immediately to the agent or carrier that delivered the package to you.
Notify Jax Junk of any error in shipment or defective merchandise within 7 days of receipt of your order via telephone or e-mail.
Please send all e-mail notifications to:
For North America and Canada: jaxjunk.usa@comcast.net.
For Europe and the rest of the world: jaxjunk.europe@skynet.be
Please write MY JAX JUNK ORDER in the subject line of the e-mail.
We will accept the return of any compact discs, cassettes, videotapes or DVDs only if they are defective. Defective audio-visual items will be replaced only with the same title. Since some titles we offer are limited edition or imports, we cannot guarantee that we will be able to replace your defective item with the same title. In these cases, we will replace that title for another.
To take advantage of the above return policy, you must return any items within three weeks of receipt of your order. No returns will be accepted after three weeks.
In all cases the item must be in new condition. You must also enclose a copy of your packing list (please retain the original for your records).
Items being returned must be sent postpaid insured or via a traceable shipping method of your choice. We will not reimburse costs if you choose to return items by overnight delivery offered by UPS, FedEx, or DHL. We will not accept responsibility for packages sent to us that are lost.
Please send returns to one of our street addresses:
For North America and Canada:
Jax Junk USA
P.O. Box 3002
Johnson City, TN 37604-3002
USA
For Europe & rest of the world:
TGSC
Jax Junk Europe
Postbus 21
1745 Opwijk
Belgium
Europe
Thank you again for purchasing from Jax Junk. If we can be of any other service, please call us at: (001)-310-309-7167 ( Mon-Fri, 8:00 AM - 5:00PM Eastern Time)
Miscellaneous
This Agreement shall be treated as though it were executed and performed in the City of Los Angeles, California, and shall be governed by and construed in accordance with the laws of the United States of America and the State of California (without regard to conflict of law principles). Any cause of action brought by you against us or our affiliated parties must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred. All actions shall be subject to the limitations set forth herein. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Los Angeles, California. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with Jax Junk is in conflict or inconsistent with this Agreement, the terms abd conditions of this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
PRIVACY POLICY
Our Commitment to Privacy
Our Privacy Policy was developed as an extension of our commitment to combine the highest-quality products and services with the highest level of integrity in dealing with the fans, the Artists and our partners. The Policy is designed to assist you in making informed decisions when using our site and our products and services. This statement will be continuously assessed against new technologies, business practices and our customers' needs.
Personal Information You Choose To Provide
Credit Card Information
If you choose to purchase products or services from us, you may need to give personal information and authorization to obtain credit from various credit services. For example, you may need to provide the following information: name, mailing address, email address, credit card number, home and business phone number, and other personal information.
Email Information
In addition, if you choose to correspond further with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protection for these electronic communications that we employ in the maintenance of information we received by mail and telephone.
Web Site Use Information
Similar to other commercial web sites, our shop may utilize a standard technology called "cookies" and web server logs to collect information about how our shop is used. Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent at one or more individual pages, and the web sites visited just before and just after our shop. This information is collected on an aggregate basis. None of this information is associated with you as an individual.
How Do We Use the Information That You Provide to Us?
Broadly speaking, we use personal information for the purposes of administering our business activities, fulfilling our obligations to customers, providing customer service and making our customers and prospective customers aware of other products and services we offer. Occasionally, we may also use the information we collect to notify you about important changes to Jax Junk, new services and special offers we think you will find valuable. The lists used to send you product and service offers are developed and managed under standards designed to safeguard the security and privacy of our customers' personal information.
What is a Cookie?
Cookies are a feature of web browser software that allows web servers to recognize the computer used to access a web site. Cookies are small pieces of data that are stored by a user's web browser on the user's hard drive. Cookies can remember what information a user accesses on one web page to simplify subsequent interactions with that web site by the same user or to use the information to streamline the user's transactions on related web pages. This makes it easier for a user to move from web page to web page and to complete commercial transactions over the internet. Cookies should make your online experience easier and more personalized.
If your browser is not cookie-enabled, or if you are using "cookie-trimming" software such as WebFree, Cookie Cutter, Guard Dog, Cookie Monster, or Watchdog, you will not be able to shop. The way to ensure your cookies are working varies from browser to browser.
How Do We Use Information We Collect from Cookies?
We use web site browser software tools such as cookies and web server logs to gather information about our web site users' browsing activities, in order to constantly improve Jax Junk and better serve our customers and clients. This information assists us to design and arrange our web pages in the most user-friendly manner and to continually improve our web site to better meet the needs of our customers and prospective customers.
Cookies help us collect important business and technical statistics. The information in the cookies let us trace the paths followed by users of Jax Junk as they move from one page to another. Web server logs allow us to count how many people visit our shop and evaluate our shop’s visitor capacity. We do not use these technologies to capture your individual email address or any personally identifying information about you.
Notice of New Services and Changes
Occasionally, we may use the information we collect to notify you about important changes to our shop, new services and special offers we think you will find valuable. As our client, you will be given the opportunity to notify us of your desire not to receive these offers by following instruction contained in the email.
How Do We Protect Your Information?
Information Security
We utilize encryption/security software to safeguard the confidentiality of personal information we collect from unauthorized access or disclosure and accidental loss, alteration or destruction. Periodically, our operations and business practices are reviewed for compliance with corporate policies and procedures governing the security, confidentiality and quality of our information.
Employee Access, Training and Expectations.
Our corporate values, ethical standards, policies and practices are committed to the protection of customer information. In general, our business practices limit employee access to confidential information, and limit the use and disclosure of such information to authorized persons, processes and transactions.
What About Legally Compelled Disclosure of Information?
We may disclose information when we, in good faith, believe that the law requires it or for the protection of our legal rights.
Your Consent
By using our shop you consent to our collection and use of your personal information as described in this Privacy Policy. If we change our privacy policies and procedures, we will post those changes in our shop to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it.
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