1. OWNERSHIP OF SITE
This Site may contain links to other independent third-party web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to you. The Linked Sites are not under SJC's control, and SJC is not responsible for, does not endorse, and will have no liability for the Linked Sites, including any content, information, materials, products or services contained on or accessed through the Linked Sites. You will need to make your own independent judgment regarding your interaction with the Linked Sites.
2. USE OF SITE
- You will use the Site for lawful purposes only in full compliance with all applicable federal, state, local and, if applicable, international laws, rules and/or regulations, as provided in Section 4.
- You will not reproduce, distribute, display, sell, lease, transmit, create derivative works from, extract from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit the Site, or any part thereof.
- You will not upload or post as part of any Submission (as defined below) or otherwise any information or materials that:
- constitute or contain any message of a commercial nature, including, without limitation, any solicitation, advertisement, marketing materials, etc.;
- violate, infringe, or misappropriate any third party’s intellectual property or other rights; or
- are false, misleading, unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or that encourages conduct that would constitute a criminal offense or give rise to civil or criminal liability.
- You will not use with or launch or upload to the Site any automated program, system, or routine that may in any way be harmful to the Site or in any way interrupt, destroy, limit, or otherwise affect the functionality or security of the Site or any computers, networks, and other hardware and software connected thereto or used in connection there with, including, without limitation, any bugs, viruses, worms, trap doors, Trojan horses, robots, or spiders.
- You will not gain or attempt to gain unauthorized access to any portion or feature of the Site, or any other system or network connected to the Site or to any of SJC's business partner's servers, systems, or networks, by hacking, "password-mining" or using any other illegitimate method of accessing data.
- You will not collect or harvest any personally identifiable information, including account names, from the Site.
- You will not link to or scrape data from the Site.
- You will not submit any misleading information about yourself, such as a false e-mail address, or otherwise impersonate any other person while using the Site.
Use at Your Own Risk
Risk of Loss, Return Policy, and Product Availability
The risk of loss and title for items purchased by you pass to you upon SJC's delivery of the products to the applicable carrier. All product returns must be in compliance with SJC's Return Policy. SJC shall have the right to refuse or cancel any order. If your credit card has already been charged for the purchase and your order is canceled, SJC shall immediately issue a credit to your credit card account in the amount of the charge. SJC cannot and does not guarantee that all products will be available at all times and/or that all products may be sold outside of the United States or Canada.
Digital Millennium Copyright Act
It is SJC's policy to respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any Submission or other aspect of the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing SJC's Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit SJC to locate the material;
- Information reasonably sufficient to permit SJC to contact you, such as an address, telephone number, and, if available, an e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
SJC's designated Copyright Agent to receive notifications of claimed infringement is:
Attn: [R. Scott Merrell
DMCA Compliance Officer
Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to SJC's customer service. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
If you are the owner or an agent thereof of material that was removed from the Site or disabled after SJC received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending SJC a counter-notification. Section 512(g) of the DMCA requires that your counter-notification include all of the following:
- Your physical or electronic signature;
- Identification of the Site that has been removed or to which access has been disabled and the location at which the Site appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Site was removed or disabled as a result of mistake or a misidentification of the Site; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the laws of the state in which you are domiciled, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notification is received by the Copyright Agent, SJC may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against SJC and provides SJC with notice of same, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notification, at SJC's sole discretion.
Please send all other questions or comments regarding the Site or SJC's products to:
Attn: Customer Service
3. DISCLAIMER OF WARRANTIES, TITLE TO GOODS, LIMITATIONS ON LIABILITY, INDEMNIFICATION
Disclaimer of Warranties
THE SITE, ANY PRODUCTS OFFERED FOR SALE ON THE SITE, ANY TRANSACTIONS CONDUCTED VIA THE SITE, AND ANY INFORMATION AND MATERIAL ON THE SITE OR PROVIDED VIA THE SITE IS PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE.
Title to Goods
THE TITLE TO PURCHASED GOODS IS RETAINED BY SJC UNTIL GOODS ARE PAID FOR BY THE CUSTOMER.
Limitations on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AS PROVIDED IN SECTION 4, SJC WILL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, AND ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, OR OTHER DATA, OR OTHERWISE, EVEN IF SJC HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AS PROVIDED IN SECTION 4, SJC'S TOTAL LIABILITY TO YOU FOR ANY SUCH DAMAGES, REGARDLESS OF THE FOUNDATION FOR THE ACTION, SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT ACTUALLY PAID BY YOU TO SJC DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO SJC's LIABILITY.
THE SITE MAY INCLUDE INACCURACIES, MISTAKES, OR TYPOGRAPHICAL ERRORS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AS PROVIDED IN SECTION 4, SJC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES ON THE SITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SJC's SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, WORMS, TRAP DOORS, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN THE SITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. SJC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE DISCUSSED, PROMOTED, ADVERTISED, OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR VIA ANY SITE HYPERLINKED FROM THE SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SJC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. SJC DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE AT ALL TIMES OR BE UNINTERRUPTED OR ERROR FREE.
To the fullest extent permitted by applicable law, as provided in Section 4, you agree to indemnify, defend, and hold harmless SJC and its officers, directors, shareholders, employees, agents, affiliates, subsidiaries, successors, and assigns, from and against any and all claims, actions, obligations, demands, damages, liabilities, losses, expenses, cost, or other liabilities of any kind, including, without limitation, reasonable LEGAL fees, arising out of:
(iii) your violation of any third party right, including, without limitation, any copyright, property or privacy right; or
(iv) any claim that your Submissions caused damage to a third party.
You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the state in which you are domiciled for the enforcement of this arbitration agreement and of any arbitration award in connection with any such claim or controversy including one or more involving SJC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and Site providers.
If you are a California resident, you waive California Civil Code, Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Intellectual Property Notice
The Site contains registered and/or unregistered copyrights of SJC. All such rights are expressly reserved.
Ability to Accept Terms
Non-U.S. Net Users
The sale of SJC's products and services must follow U.S. Commerce Department Regulations and State Department restrictions. Certain hardware products may not be exported to certain countries, or may be exported only with individual licenses; and software that contains DES data and/or encryption technology may not be exported outside the U.S.
U.S. Government Restrictions
Sales of software to the U.S. Government may be subject to license restrictions in accordance with DFARS 252.227-7013(1) and FAR 52.227-19.
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Silver Jeans Co.
555 Logan Ave.