Thank you for visiting Jayson Home & Garden. The Terms of Use listed in this
document apply to the jaysonhomeandgarden.com website (the Site). The Site is
the property of Jayson Home & Garden. By using this Site, you agree to these
Terms of Use. If you do not agree with everything in this document, please do
not use this Site.
Jayson Home & Garden reserves the right, at its sole discretion, to change any
portions of these Terms of Use at any time. It is your responsibility to check
these Terms of Use periodically for changes. Your continued use of the Site
following the posting of changes will mean that you accept and agree to the
changes. As long as you comply with these Terms of Use, Jayson Home & Garden
grants you a non-exclusive, non-transferable, limited privilege to enter and use
the Site.
Use of the Site
You may not attempt to gain unauthorized access to any portion or feature of the
Site. You cannot supply false information about your identity and you may not
act as a representative of another person or entity. Use of the Site in any
manner that may be construed as unlawful or prohibited by these Terms of Use is
strictly prohibited. Indemnification: You agree to defend, indemnify and hold
Jayson Home & Garden harmless from and against any and all claims, damages,
costs and expenses, including attorneys’ fees, arising from or related to your
use of the Site.
Security and Privacy Policy
Jayson Home & Garden’s Privacy Policy applies to use of the Site. We consider
your privacy of great importance. Jayson Home & Garden uses commercially
accepted security measures to help protect your information. With this stated,
by using the Site, you acknowledge and agree that Internet transmissions are
never completely private or secure. You understand that any message or
information you send to the Site may be read or intercepted by others, even if
there is a special notice that a particular transmission (for example, credit
card information) is encrypted.
Accounts and Passwords
Purchasing products through the Site requires you to open an account, including
setting up a Jayson Home & Garden ID and password. You are entirely responsible
for maintaining the confidentiality of your account information, including your
password, and for any and all activity that occurs under your account. You agree
to notify Jayson Home & Garden immediately of any unauthorized use of your
account or password, or any other breach of security. However, you may be held
liable for losses incurred by Jayson Home & Garden or any other user of or
visitor to the Site due to someone else using your Jayson Home & Garden ID,
password or account. You may not use anyone else’s Jayson Home & Garden ID,
password or account at any time without the express permission and consent of
the holder of that Jayson Home & Garden ID, password or account. Jayson Home &
Garden cannot and will not be liable for any loss or damage arising from your
failure to comply with these obligations.
Links
We may direct you to other sites to serve your needs on particular items, we are
not responsible for the content of these Sites, nor do we control, sponsor,
endorse or approve them. Your use of those links is at your own risk.
Site Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks,
logos, sounds, music, artwork and computer code (collectively, “Content”),
including but not limited to the design, structure, selection, coordination,
expression, “look and feel” and arrangement of such Content, contained on the
Site is owned, controlled or licensed by or to Jayson Home & Garden, and is
protected by trade dress, copyright, patent and trademark laws, and various
other intellectual property rights and unfair competition laws. No part of the
Site and no Content may be copied, reproduced, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted or distributed in any way
to any other computer, server, Web Site or other medium for publication or
distribution or for any commercial enterprise, without Jayson Home & Garden’s
express prior written consent. Information and data made purposely available by
Jayson Home & Garden such as specification sheets and product information may be
downloaded from the Site provided that you follow these five rules:
Information will be used for the sole purpose of the individual’s decision on
whether to purchase a particular item.
Proprietary language must remain on downloaded item.
Make no modifications to any such information.
Use such information only for your personal requirements only.
Do not make any additional representations or warranties relating to such
documents.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and
to specific portions or features of the Site. All such terms are made a part of
these Terms of Use by this reference. You agree to abide by such other terms and
conditions, including where applicable representing that you are of sufficient
legal age to use or participate in such service or feature. If there is a
conflict between these Terms of Use and the terms posted for or applicable to a
specific portion of the Site or for any service offered on or through the Site,
the latter terms shall control with respect to your use of that portion of the
Site or the specific service. Jayson Home & Garden’s obligations, if any, with
regard to its products and services are governed solely by the agreements
pursuant to which they are provided, and nothing on this Site should be
construed to alter such agreements. Jayson Home & Garden may make changes to any
products or services offered on the Site, or to the applicable prices for any
such products or services, at any time, without notice. The materials on the
Site with respect to products and services may be out of date, and Jayson Home &
Garden makes no commitment to update the materials on the Site with respect to
such products and services.
Errors and inaccuracies
Jayson Home & Garden reserves the right to correct any errors, inaccuracies or
omissions and to change and update information at any time without prior notice.
This includes incorrect pricing and typographical errors in product descriptions
and availability. Jayson Home & Garden maintains the right to correct such
errors whenever found, including after an order has been submitted. Please see
our return policy in the event that you are not satisfied with your purchase.
Comments and Submissions
All comments, feedback, postcards, suggestions, ideas, and other submissions
disclosed, submitted or offered to jaysonhomeandgarden.com on or by this Site or
otherwise disclosed, submitted or offered in connection with your use of this
Site (collectively, the "Comments") shall be and remain Jayson Home & Garden
property. Such disclosure, submission or offer of any Comments shall constitute
an assignment to jaysonhomeandgarden.com of all worldwide rights, titles and
interests and shall not be limited in any way in its use, commercial or
otherwise, of any Comments. Thus, Jayson Home & Garden will own exclusively all
such rights, titles and interests and shall not be limited in any way in its
use, commercial or otherwise, of any Comments. Jayson Home & Garden is and shall
be under no obligation to maintain any Comments in confidence; to pay to user
any compensation for any Comments; or to respond to any user Comments. You agree
that no Comments submitted by you to the Site will violate any right of any
third party, including copyright, trademark, privacy or other personal or
proprietary rights(s). You further agree that no Comments submitted by you to
the Site will be or contain libelous or otherwise unlawful, abusive or obscene
material. You are and shall remain solely responsible for the content of any
comments you make. For this reason, we ask that you not send us any comments
that you do not wish to assign to us, including any confidential information or
any original creative materials such as product ideas, photographs, marketing
concepts, or merchandising suggestions.
Product representations
Jayson Home & Garden has done our best to portray our products in the most
accurate way, but we cannot and will not be responsible for the way in which the
photographs and product representations appear on your computer screen. There
are too many variables such as color; brightness and tinting that can change how
the images appear on your computer or printer.
Notes and messages on gift items
Notes for gifts cannot be considered lewd, indecent, obscene, harassing, or
threatening or perceived in any way of being offensive. Messages can be rejected
for any reason that Jayson Home & Garden feels could make a negative environment
for the receiver.
Disclaimers
Jayson Home & Garden does not promise that the Site or any Content, service or
feature of the Site will be error free or uninterrupted, or that any defects
will be corrected, or that your use of the Site will provide specific results.
The Site and its Content are delivered on an as is and as available basis. All
information provided on the Site is subject to change without notice. Jayson
Home & Garden cannot ensure that any files or other data you download from the
Site will be free of viruses or contamination or destructive features. Jayson
Home & Garden disclaims all warranties, express or implied, including any
warranties of accuracy, non-infringement, merchantability, and fitness for a
particular purpose. Jayson Home & Garden will not be liable for the acts,
omissions, and conduct of any third parties in connection with or related to
your use of the Site and/or any Jayson Home & Garden services. You assume total
responsibility for your use of the Site and any linked Sites. Your sole remedy
against Jayson Home & Garden for dissatisfaction with the Site or any content is
to stop using the site or any such content. This limitation of relief is a part
of the bargain between parties.
The above disclaimer applies to any damages, liability or injuries caused by any
failure of performance, error, omission, interruption, deletion, defect, delay
in operation or transmission, computer virus, communication line failure, theft
or destruction of or unauthorized access to, alteration of, or use, whether for
breach of contract, tort, negligence or any other cause of action. Jayson Home &
Garden reserves the right to do any of the following, at any time, without
notice: (1) to modify, suspend or terminate operation of or access to the Site,
or any portion of the Site, for any reason; (2) to modify or change the Site, or
any portion of the Site, and any applicable policies or terms; and (3) to
interrupt the operation of the Site, or any portion of the Site, as necessary to
perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Jayson Home & Garden be liable
to you for any indirect, consequential, exemplary, incidental or punitive
damages, including lost profits, even if Jayson Home & Garden has been advised
of the possibility of such damages.
Violation of These Terms of Use
Jayson Home & Garden may disclose any information we have about you (including
your identity) if we determine that such disclosure is necessary in connection
with any investigation or complaint regarding your use of the Site, or to
identify, contact or bring legal action against someone who may be causing
injury to or interference with (either intentionally or unintentionally) Jayson
Home & Garden’s rights or property, or the rights or property of visitors to or
users of the Site, including Jayson Home & Garden’s customers. Jayson Home &
Garden reserves the right at all times to disclose any information that Jayson
Home & Garden deems necessary to comply with any applicable law, regulation,
legal process or governmental request. Jayson Home & Garden also may disclose
your information when Jayson Home & Garden determines that applicable law
requires or permits such disclosure, including exchanging information with other
companies and organizations for fraud protection purposes.
You acknowledge and agree that Jayson Home & Garden may preserve any transmittal
or communication by you with Jayson Home & Garden through the Site or any
service offered on or through the Site, and may also disclose such data if
required to do so by law or Jayson Home & Garden determines that such
preservation or disclosure is reasonably necessary to (1) comply with legal
process, (2) enforce these Terms of Use, (3) respond to claims that any such
data violates the rights of others, or (4) protect the rights, property or
personal safety of Jayson Home & Garden, its employees, users of or visitors to
the Site, and the public.
You agree that Jayson Home & Garden may, in its sole discretion and without
prior notice, terminate your access to the Site and/or block your future access
to the Site if we determine that you have violated these Terms of Use or other
agreements or guidelines which may be associated with your use of the Site. You
also agree that any violation by you of these Terms of Use will constitute an
unlawful and unfair business practice, and will cause irreparable harm to Jayson
Home & Garden, for which monetary damages would be inadequate, and you consent
to Jayson Home & Garden obtaining any injunctive or equitable relief that Jayson
Home & Garden deems necessary or appropriate in such circumstances. These
remedies are in addition to any other remedies Jayson Home & Garden may have at
law or in equity.
You agree that Jayson Home & Garden may, in its sole discretion and without
prior notice, terminate your access to the Site, for cause, which includes (but
is not limited to) (1) requests by law enforcement or other government agencies,
(2) a request by you (self-initiated account deletions), (3) discontinuance or
material modification of the Site or any service offered on or through the Site,
or (4) unexpected technical issues or problems.
If Jayson Home & Garden does take any legal action against you as a result of
your violation of these Terms of Use, Jayson Home & Garden will be entitled to
recover from you, and you agree to pay, all reasonable attorneys’ fees and costs
of such action, in addition to any other relief granted to Jayson Home & Garden.
You agree that Jayson Home & Garden will not be liable to you or to any third
party for termination of your access to the Site as a result of any violation of
these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site,
including all disputes, will be governed by the laws of the United States and by
the laws of the State of Illinois without regard to its conflicts of laws
provisions. You agree to the personal jurisdiction by and venue in the state and
federal courts in Cook County, IL, and waive any objection to such jurisdiction
or venue. Any claim under these Terms of Use must be brought within one (1) year
after the cause of action arises, or such claim or cause of action is barred. No
recovery may be sought or received for damages other than out-of-pocket
expenses, except that the prevailing party will be entitled to costs and
attorneys’ fees. In the event of any controversy or dispute between Jayson Home
& Garden and you arising out of or in connection with your use of the Site, the
parties shall attempt, promptly and in good faith, to resolve any such dispute.
If we are unable to resolve any such dispute within a reasonable time (not to
exceed thirty (30) days), then either party may submit such controversy or
dispute to mediation. If the dispute cannot be resolved through mediation, then
the parties shall be free to pursue any right or remedy available to them under
applicable law.
If any of the provisions of these Terms of Use are held by a court or other
tribunal of competent jurisdiction to be void or unenforceable, such provisions
shall be limited or eliminated to the minimum extent necessary and replaced with
a valid provision that best embodies the intent of these Terms of Use, so that
these Terms of Use shall remain in full force and effect. These Terms of Use
constitute the entire agreement between you and Jayson Home & Garden with regard
to your use of the Site, and any and all other written or oral agreements or
understandings previously existing between you and Jayson Home & Garden with
respect to such use are hereby superseded and cancelled. Jayson Home & Garden
will not accept any counter-offers to these Terms of Use, and all such offers
are hereby categorically rejected. Jayson Home & Garden’s failure to insist on
or enforce strict performance of these Terms of Use shall not be construed as a
waiver by Jayson Home & Garden of any provision or any right it has to enforce
these Terms of Use, nor shall any course of conduct between Jayson Home & Garden
and you or any other party be deemed to modify any provision of these Terms of
Use. These Terms of Use shall not be interpreted or construed to confer any
rights or remedies on any third parties.
To contact us regarding any privacy issues:
Jayson Home & Garden
1871 Clybourn Ave.
Chicago, IL 60614
phone: 773.248.8180
e-mail: privacyinfo@jaysonhome.com
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