Dated: July 5, 2016
We reserve the right to change the Site and these Terms at any time without notice to you, so it is your responsibility to review these Terms periodically to determine whether you are in agreement with these Terms. If you disagree with these Terms, please do not use this Site or any Applications. If you have any questions about these Terms, please contact our Customer Support Center at 541-889-8753.
Use of Site
YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND ARE LEGALLY ABLE TO ENTER INTO A CONTRACT, OR ARE VISITING THE SITE UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN.
AS DESCRIBED BELOW, THIS AGREEMENT INCLUDES TERMS WHEREBY YOU AGREE TO SUBMIT ANY DISPUTE RELATING TO YOUR USE OF THE SITE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER, AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
This Site is for your personal, noncommercial use only. You may not copy, reproduce, distribute, sell, lease, modify or otherwise exploit this Site unless you receive prior written permission from USJF. You may not make any commercial use of any of the information provided on the Site. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion.
When you use the Site, or send us e-mails, you are consenting to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.
Changes to the Terms
USJF reserves the right to change this Site and these terms and conditions at any time. Such changes, revisions, or modifications shall be effective immediately upon being posted on the Site. Any use of the Site by you after we post changes to the Terms constitutes your acceptance of those changes. USJF also reserves the right to restrict, suspend, or terminate your access to and use of the Site without prior notice.
At certain areas of the Site, you may post comments, send emails, or otherwise provide information to USJF and/or the Site (“User Content”). When accessing the Site, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that:
- Infringes on, misappropriates or otherwise violates the copyright, trademark, patent or other intellectual property right of any person;
- Is libelous, defamatory, obscene, pornographic, abusive, sexually explicit or threatening;
- Advocates or encourages conduct that could constitute a criminal offense;
- Gives rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation;
- Violates a person’s right to privacy or publicity or contains advertising, commercial activity or a solicitation of any kind advertises or otherwise solicits funds or is a solicitation for goods or services;
- Violates any applicable local, state, national, or international law; or
- Advocates illegal activity.
By submitting User Content to the Site, you are granting USJF a royalty-free, irrevocable, perpetual, non-exclusive, worldwide license to publish, reproduce, distribute and otherwise use and exploit your User Content. You also represent that you have obtained all necessary permissions in order to grant us those rights All comments, feedback, information or material submitted to USJF through or in association with this Site shall be considered non-confidential and USJF’s property. You acknowledge and agree that we are not obligated to monitor all User Content. You further acknowledge and agree that while we reserve the right to remove User Content for any reason, it is not our obligation to do so.
When accessing the Site, you agree to be bound by the intellectual property rights of others, and that your use of the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. All content, information, materials, text, graphics, button icons, audio clips, service or trademarks, whether registered or not, computer code, and software that are part of the Site other than your User Content (collectively, the “USJF Content”) is the sole and exclusive property of USJF or authorized third parties. Other product and company names mentioned herein may be the trademarks of their respective owners. You may access, use and display the Site and download and print copies of the USJF Content only for non-commercial, informational, personal use, provided you comply with these Terms.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our Customer Care Center at 541-889-8753.
Third Party Links
The Site may contain links to other websites or online services that are owned and operated by other persons and that are not under USJF’s control. You acknowledge that we are not responsible for the operation of or content located on or through any such site, and we do not endorse or accept responsibility for any such site, content, product and/or services therein.
Registration and Passwords
The Site may assign you or require you to register or select a password prior to allowing access to certain portions of the Site. You acknowledge and agree that you are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password. Each time you use a password and access the Site, you agree that we have no obligation to investigate the authorization or source of any such access or use of the Site. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
Disclaimer of Warranties
THE SITE AND USJF MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITE OR AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, OF ANY KIND. THE SITE AND ITS CONTENT ARE PROVIDED “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE.” THE SITE AND USJF DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE SITE OR OTHERWISE BY USJF. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, THAT THE SITE, ITS FUNCTION, USER CONTENT AND/OR ITS CONTENT WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UPDATED, VIRUSE-FREE, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, USJF AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF ARBITRATION AND/OR LITIGATION). THIS LIMITATION OF LIABILITY SHALL APPLY IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER FORM OF ACTION, AND SHALL ADDITIONALLY APPLY WITH REGARD TO WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR OTHER SYSTEM FAILURE.
You agree to indemnify, hold harmless, and defend the USJF, and its affiliates and licensors, and each of their respective officers, directors, contractors, agents, employees, successors and assigns of and from any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses and harms, including without limitation reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with your use of the Site. These obligations will survive any termination of these Terms.
Dispute Resolution & Arbitration
In the event you have a customer concern or dispute, you may call the USJF Customer Support Center at 541-889-8753. If the Customer Support Center is unable to resolve your concern or complaint, we each agree (pursuant to these Terms) that any dispute or claim relating in any way to your use of the Site will be resolved by binding arbitration (or in Small Claims Court if your claims qualify), rather than in court. Court review of an arbitration award is limited. Any arbitration under these Terms will take place on an individual basis, as class arbitrations and/or class actions are not permitted. However, an arbitrator can award on an individual basis the same damages and relief as a court. In addition to resolving disputes through arbitration proceedings, either party may bring an individual action in small claims court, and this arbitration agreement does not preclude your filing of a claim in federal, state, or local agencies. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. As these Terms evidence a transaction or website use in interstate commerce, the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. Lastly, we also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Arbitration Procedures. USJF and you agree that any such arbitration proceeding between us will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing. USJF will reimburse you for those arbitration filing fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
Notice of Dispute. For any dispute arising from your use of the Site, you acknowledge and agree that you will first give the USJF an opportunity to resolve the dispute by contacting our Customer Support Center at 541-889-8753. If either you or us intends to seek arbitration to resolve a dispute hereunder, such party must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to USJF should be addressed to: Dispute Resolution, USJF, PO Box 338, Ontario, OR 97914-0338 USA. Phone: (541) 889-8753 (the “Notice Address”). The Notice must describe (a) the facts giving rise to the dispute, and (b) a proposed solution (“Demand”). If USJF and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or USJF may commence an arbitration proceeding. Both parties agree to negotiate in good faith about your problem or dispute. In the event we make any future changes to this arbitration provision (other notice address, website link or Customer Support telephone number), such change will not apply to any dispute as to which we have already received written notice on the effective date of the change.
Time Limits. Subject to applicable law, any claim or dispute under this agreement must be filed within one year in arbitration or small claims court. Such one-year period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute isn’t filed within the one-year period, it will be deemed untimely and be barred.
Merger and Severability. These Terms constitute the entire agreement between USJF and you, and any prior or contemporaneous communications or agreements (whether oral, written or electronic) between you and us is hereby merged herein, replaced and superseded by the Terms hereof. In the event any provision(s) of these Terms is held unenforceable, the remaining provisions and Terms hereof shall remain valid and enforceable.
No Waiver. In the event USJF fails to enforce any of the provisions of these Terms shall not in any way waive the right of USJF to thereafter enforce any terms or conditions of the Terms.
Assignment and Binding Effects. You may not assign these Terms or any rights or obligations herein without the prior written consent of the USJF. These Terms are binding upon each party and its respective successors, heirs, trustees, administrators, executors and permitted assigns.
Customers Needing Extra Assistance. It is the intention of USJF to provide full access to the Site regardless of disability. If you have difficulties using the Site, please call our Customer Support Center at 541-889-8753 for assistance.
Governing Law. These Terms are governed by, and must be construed in accordance with, the laws of the United States and the State of California, as applicable, without giving effect to their principles of conflicts of law.
Contact Information. Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to our Customer Support Center at: USJF, PO Box 338, Ontario, OR 97914-0338 USA. Phone: (541) 889-8753.