Conditions of Use
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS SITE. We maintain this web site as a service to
our customers, and by using our site you are agreeing to comply
with and be bound by the following terms of use. Please review
the following terms and conditions carefully, and check them
periodically for changes. If you do not agree to the terms
and conditions, you should not review information or obtain
goods, services or products from this site.
1. Acceptance of Agreement. You agree to the terms and conditions
outlined in this Terms and Conditions of use Agreement ("Agreement") with respect
to our site (the "Site"). This Agreement constitutes the entire and
only agreement between us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with respect to the
Site, the content, products or services provided by or through the Site, and
the subject matter of this Agreement. This Agreement may be amended by us at
any time and from time to time without specific notice to you. The latest Agreement
will be posted on the Site, and you should review this Agreement prior to using
the Site.
2. Copyright. The content, organization, graphics, design,
compilation, magnetic translation, digital conversion and other
matters related to the Site are protected under applicable
copyrights, trademarks, registered trademarks and other proprietary
(including but not limited to intellectual property) rights.
The copying, redistribution, use or publication by you of any
such matters or any part of the Site, except as allowed by
Section 4, is strictly prohibited. You do not acquire ownership
rights to any content, document or other materials viewed through
the Site. The posting of information or materials on the Site
does not constitute a waiver of any right in such information
and materials.
3. Fraud: By becoming a member, you confirm that the information
provided in this form is true and that you agree to abide by
the Terms and Conditions of use of this site. Please note that
your membership can be cancelled without notice if it is determined
that false or misleading information has been provided, the
Terms and Conditions of use have been violated, or other abuses
have occurred as determined by J.R. OVERSEAS COMPANY in its
sole discretion. If membership has been revoked, J.R. OVERSEAS
COMPANY reserves the right to refuse application or readmission
to the membership program.
4. Limited Right to Use. The viewing, printing or downloading
of any content, graphic, form or document from the Site grants
you only a limited, nonexclusive license for use solely by
you for your own personal use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works
or other use. No part of any content, form or document may
be reproduced in any form or incorporated into any information
retrieval system, electronic or mechanical, other than for
your personal use (but not for resale or redistribution).
5. Editing, Deleting and Modification. We reserve the right
in our sole discretion to edit or delete any documents, information
or other content appearing on the Site, including this Agreement,
without further notice to users of the Site.
6. Indemnification. You agree to indemnify, defend and hold
us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties")
harmless from any liability, loss, claim and expense, including reasonable attorney's
fees, related to your violation of this Agreement or use of the Site.
7. Nontransferable. Your right to use the Site is not transferable.
Any password or right given to you to obtain information or
documents is not transferable and may only be used by you.
8. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE
PROVIDED "AS-IS," "AS
AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING
BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN
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, 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 OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF
THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT
SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR
GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
9. Limits. All responsibility or liability for any damages
caused by viruses contained within the electronic file containing
the form or document is disclaimed. WE WILL NOT BE LIABLE TO
YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF
ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR
SITE. Our maximum liability to you under all circumstances
will be equal to the purchase price you pay for any goods,
services or information.
10. Use of Information. We reserve the right, and you authorize
us, to the use and assignment of all information regarding
Site uses by you and all information provided by you in any
manner consistent with our Privacy Policy.
11. Third-Party Services. We allow access to or advertise third-party
merchant sites ("Merchants") from which you may purchase or otherwise obtain
certain goods or services. You understand that we do not operate or control the
products or services offered by Merchants. Merchants are responsible for all
aspects of order processing, fulfillment, billing and customer service. We are
not a party to the transactions entered into between you and Merchants. YOU AGREE
THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF
ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE,
FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES
ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS
OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO
OUR SITE.
12. Third-Party Merchant Policies. All rules, policies (including
privacy policies) and operating procedures of Merchants will
apply to you while on such sites. We are not responsible for
information provided by you to Merchants. We and the Merchants
are independent contractors and neither party has authority
to make any representations or commitments on behalf of the
other.
13. Privacy Policy. Our Privacy Policy, as it may change from
time to time, is a part of this Agreement.
14. Payments. You represent and warrant that if you are purchasing
something from us or from our Merchants that (i) any credit
card information you supply is true, correct and complete,
(i) 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 any shipping fees and applicable
taxes.
15. Securities Laws. This Site may include statements concerning
our operations, prospects, strategies, financial condition,
future economic performance and demand for our products or
services, as well as our intentions, plans and objectives,
that are forward-looking statements. These statements are based
upon a number of assumptions and estimates which are subject
to significant uncertainties, many of which are beyond our
control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and
similar expressions are intended to identify forward-looking statements designed
to fall within securities law safe harbors for forward-looking statements. The
Site and the information contained herein does not constitute an offer or a solicitation
of an offer for sale of any securities. None of the information contained herein
is intended to be, and shall not be deemed to be, incorporated into any of our
securities-related filings or documents.
16. Links to Other Web Sites. The Site contains links to other
Web sites. We are not responsible for the content, accuracy
or opinions express 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 on our 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.
17. Submissions. All suggestions, ideas, notes, concepts and
other information you may from time to time send to us (collectively, "Submissions")
shall be deemed and shall remain our sole property and shall not be subject to
any obligation of confidence on our part. Without limiting the foregoing, we
shall be deemed to own all known and hereafter existing rights of every kind
and nature regarding the Submissions and shall be entitled to unrestricted use
of the Submissions for any purpose, without compensation to the provider of the
Submissions.
18. Return Policy. Due to the nature of our online site, and
the products listed, J.R. OVERSEAS COMPANY have a limited return
policy.
19. Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS
ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR
USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU
THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF
PROSPECT, KY OR THE UNITED STATES DISTRICT COURT FOR THE COMMONWEALTH
OF KENTUCKY . YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN
ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN
ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT PROSPECT,
KENTUCKY IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED
ON LACK OF VENUE. This site is created and controlled by J.R.
OVERSEAS COMPANY, a sole proprietorship in the COMMONWEALTH
OF KENTUCKY, USA. As such, the laws of KENTUCKY will govern
the terms and conditions contained in this Agreement and elsewhere
throughout the Site, without giving effect to any principles
of conflicts of laws.
20. Lapsed Accounts: In order to keep J.R. OVERSEAS COMPANY
membership roster current, if a Member does not access his
or her account for a period of 30 days or more, J.R. OVERSEAS
COMPANY may, in its sole discretion, terminate such Member's
account.
21. Verify Members' Address: J.R. OVERSEAS COMPANY reserves the
right to contact a Member via email to verify the accuracy of
account information (including the Member's correct name and
address) that is needed to provide the Member with the information
he or she requested from J.R. OVERSEAS COMPANY. |