ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE. BY USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS (collectively, “Terms”), DO NOT USE THIS WEBSITE.
USE OF SITE
JASCO, Incorporated (“JASCO”) authorizes you (the “Customer”) to access and download the materials at this website (the “Website”) only for purposes of reviewing information about JASCO and its products and ordering of products which JASCO makes available for sale to customers through the Website from time to time. Any purchase of JASCO products are subject to JASCO’S Terms and Conditions of Sale which are accessible on this Website. JASCO retains all copyright and other proprietary rights to materials placed on the Website by JASCO and Customer may not modify the materials on this Website in any way or reproduce or publicly display, perform or distribute or otherwise use them for any public or commercial purpose. Use of these materials on any other website or networked computer environment is prohibited. Unauthorized use of any materials on this Website may violate trademark, copyright and other laws. Customer may download or print portions of the materials from the Website solely for purposes of learning about JASCO, its products and for ordering products which JASCO makes available for sale through the Website from time to time. If any of these Terms are violated, the Customer’s authorization to use this Site terminates automatically and the Customer shall destroy any downloaded or printed materials.
JASCO reserves the right and may modify these Terms at any time and such modifications shall be effective immediately upon posting of the modified Terms. Customer shall review the Terms periodically to be aware of any modifications and Customer’s continued access or use of the Website shall be deemed conclusive acceptance of any modified Terms.
Tradenames or trademarks used or displayed on this Website are trademarks of JASCO or its affiliates or third party vendors. Nothing contained on this Website is to be construed as granting, by implication, estoppel, or otherwise, any license or right to use any such tradename or trademark without the prior permission of the owner of such tradename or trademark.
SUBMISSIONS TO JASCO
Other than personally identifiable information, which is covered under JASCO’s privacy statement, any material, information or other communication you transmit or post to the Website (“Communication”) is, and will be treated as, non-confidential and non-proprietary, and may be used by JASCO and its affiliates for any purpose without compensation to you.
THE CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR ITS USE OF THE WEBSITE. THE MATERIALS PROVIDED AT THIS WEBSITE ARE PROVIDED “AS-IS” WITHOUT ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. It is solely Customer’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Website. JASCO does not warrant the accuracy, currency and completeness of the materials at this Website. JASCO may make changes to the materials at this Website, or to the products and prices described in them, at any time without notice. The materials on this Website may become out of date and JASCO makes no commitment to update the materials on this Website. Information published on this Website may refer to products, programs or services that may not be available at Customer’s location. Any references to such items does not imply that JASCO intends to make all such items available at Customer’s location. Customer shall confirm with JASCO the availability of such products, programs or services at a particular Customer’s location. Applicable laws may not allow the exclusion of implied warranties so the above exclusion may not apply to you. All orders placed through this Website are subject to express acceptance by JASCO. JASCO’S obligations and responsibilities regarding its products are governed by all agreements under which they are sold.
LIMITATION OF LIABILITY
IN NO EVENT WILL JASCO OR ITS SUPPLIERS OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE OR THE RESULTS OF USE OR RELIANCE ON THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS OR OMISSIONS, OR OTHER INACCURACIES ON THIS WEBSITE, WHETHER BASED ON ANY WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF CUSTOMER’S USE OF THE MATERIALS OR INFORMATION FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, CUSTOMER ASSUMES ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Customer agrees to indemnify, defend and hold harmless JASCO, its parent, subsidiaries, affiliates and their officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Website from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees resulting from any breach of these Terms by the Customer.
These Terms shall be governed by and construed in accordance with the laws of the State of Maryland. Customer agrees that any legal action or proceeding between JASCO and Customer for any purposes concerning these Terms or the parties’ obligations related to the use of this Website and the purchase of JASCO products through this Website shall be brought exclusively in a federal or state court of competent jurisdiction located in the State of Maryland. Any cause of action or claim Customer may have with respect to this 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. A failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties or nor trade practice shall act to modify any provision of these Terms. JASCO may assign its rights and duties under these Terms to any party at any time without notice to Customer.