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Jackson
Galleries
General Terms and Conditions
Updated 5/15/2007
What
This Legal Policy Covers
- This
policy explains how Jackson Galleries handles legal issues through
the course of operating a mail-order business.
- This
policy does not apply to the policies of companies that Jackson
Galleries does not own or control, or to people that Jackson
Galleries does not employ or manage.
- This
policy is an umbrella policy under which all other Jackson Galleries
Policies are incorporated.
Terms
and Conditions
- This
page states the Terms and Conditions under which you, the Web
Site visitor, may use www.jacksongalleries.com (the "Site"),
which is owned by Jackson Galleries.
- Please
read this page carefully. By using this Site, you agree to be
bound by all of the Terms and Conditions as set forth below.
If you do not accept these Terms and Conditions, please do not
use this Site. Jackson Galleries may, in its sole discretion,
revise these Terms and Conditions at any time; therefore, you
should visit this page periodically to review the Terms and Conditions.
Use
of Site Material
- The
contents of this Site, such as text, graphics, images and other
content (the "Site Material") are protected by copyright
under both United States and foreign laws. These Terms and Conditions
do not grant you any license whatsoever to the Site Material
except as described in this paragraph. Jackson Galleries authorizes
you to view and download a single copy of the Site Material for
your non-commercial personal use. Unauthorized use of the Site
Material violates copyright, trademark, and other laws. You agree
to retain all copyright and other proprietary notices contained
in the original Site Material on any copy of such material. Except
as expressly provided herein, you may not sell or modify our
Site Material or reproduce, display, distribute, or otherwise
use the Site Material in any way for any public or commercial
purpose. Use of the Site Material on any other Web Site or in
a networked environment is prohibited. Jackson Galleries retains
all intellectual property rights in the Site Material.
Trademarks
- The
names, marks and logos appearing on the Site are, unless otherwise
noted, trademarks owned by or licensed to Jackson Galleries,
including but not limited to: PDSM, Jackson Galleries,
JPAGS, the Jackson Galleries Clovis. Your use of
these marks, except as provided in these Terms and Conditions,
is prohibited. From time to time, Jackson Galleries makes
fair use in this Site of trademarks owned and used by third parties.
Jackson Galleries makes no claim to ownership of those marks.
User
Submissions
- Jackson Galleries
welcomes your comments on our Site. However, You acknowledge
that if You send us creative suggestions, ideas, notes, drawings,
concepts, inventions or other information, (collectively, the
"Information"), the Information shall be deemed, and
shall remain Jackson Galleries property. By submission of any
Information to us, you assign to us and we shall own exclusively
all rights to such Information of every kind and nature throughout
the universe now known or hereafter existing. Jackson Galleries
shall be entitled to unrestricted use of the Information for
any purpose whatsoever, commercial or otherwise, without compensation
to you or the provider of the information.
As
a user of this Web Site, you are responsible for your own communications.
Therefore, do not do any of the following things:
- Transmit
to us material that is copyrighted, unless you are the copyright
owner or have the permission of the copyright owner(s).
- Send
material that reveals trade secrets, unless you own them or have
the permission of the owner(s).
- Send
material that infringes on any other intellectual property rights
of others or on the privacy or publicity rights of others.
- Send
material that is obscene, defamatory, threatening, harassing,
abusive, hateful, or embarrassing to another user or any other
person or entity.
- Intentionally
or unintentionally violate or encourage conduct that would violate
any local, state, or federal law.
- Send
advertisements or solicitations of business.
- Send
chain letters or SPAM.
- Impersonate
another person.
Jackson
Galleries reserves the right to expel you and to prevent you further
access to this Site for violating these Terms and Conditions terms
or the law. The violation of any of these Terms and Conditions
shall result in the immediate revocation of your right to access
or use the Site or Site Material and obligates you to immediately
destroy any copies of the Site Material in your possession.
Cautionary
Language Regarding Forward-Looking Information
- This
Site may contain "forward-looking" information within
the meaning of the federal securities laws. Forward-looking information
may include statements concerning the company's outlook for the
future, as well as other statements of beliefs, future plans
and strategies or anticipated events, and similar expressions
concerning matters that are not historical facts. Forward-looking
information and statements are subject to risks and uncertainties
that could cause actual results to differ materially from those
expressed in, or implied by, the statements. These risks and
uncertainties include availability and prices of services, raw
materials and supplies, product pricing, the competitive environment
and related market conditions, operating efficiencies, access
to capital, the cost of compliance with environmental and health
standards, adverse results from ongoing litigation and actions
of domestic and foreign governments.
- Forward-looking
statements speak only as of the date they are made. You should
not place undue reliance on forward-looking statements. Jackson
Galleries undertakes no obligation to publicly update or revise
any forward-looking statements.
Image
Credits
- Photo
images on www.jacksongalleries.com are used under license from
the respective owners. Banner ads are used under Terms and Conditions
of our Advertiser Policy
Limitation
of Liability
- JACKSON
GALLERIES DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE
OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES
OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE SITE OR THE SITE
MATERIAL RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT
LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR
DATA, JACKSON GALLERIES SHALL NOT BE RESPONSIBLE FOR THOSE
COSTS OR EXPENSES.
- THIS
WEB SITE AND ITS MATERIAL ARE PROVIDED ON AN "AS IS"
AND "AT YOUR OWN RISK" BASIS WITHOUT ANY WARRANTIES
OF ANY KIND. JACKSON GALLERIES, TO THE FULLEST EXTENT PERMITTED
BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY,
NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF
FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH JACKSON GALLERIES STRIVES
TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITE, WE MAKE
NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS,
OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS,
AND LINKS.
- JACKSON
GALLERIES DOES NOT MAKE ANY WARRANTIES AS TO THE RESULT OR OUTCOME
OF USING THE SITE OR PROPERLY FOLLOWING ANY INSTRUCTIONS, RECOMMENDATIONS,
OR DIRECTIONS CONTAINED IN THE SITE MATERIAL.
Disclaimer
of Consequential Damages
- IN
NO EVENT SHALL JACKSON GALLERIES, ITS AFFILIATES, OR ANY THIRD
PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, CONSEQUENTIAL
OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM
LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR
INABILITY TO USE MATERIAL ON THIS SITE OR SITES LINKED TO THIS
SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT JACKSON GALLERIES IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
Links
- This
Site contains links to Web Sites owned by third parties. These
links are provided solely as a convenience to you and are not
an endorsement by Jackson Galleries of the contents on those
other sites. Jackson Galleries is not responsible for the content
of any linked sites and makes no representations regarding the
content or accuracy of materials on such sites. If you decide
to visit any third-party sites using links from this Site, you
do so at your own risk. Consult the Uniform Resources Locator
("URL") address identified in your browser to determine
whether you have linked to a third-party Site.
- Linking
Advertisers follow our Advertiser
Policy
Indemnity
- By
using this Site, you agree to defend, indemnify, and hold harmless
Jackson Galleries, its officers, directors, employees and agents,
from and against any and all losses, claims, damages, costs and
expenses (including reasonable legal and accounting fees) that
Jackson Galleries may become obligated to pay arising or resulting
from your use of the Site Material or your breach of these Terms
and Conditions. Jackson Galleries reserves the right to assume
or participate, at your expense, in the investigation, settlement
and defense of any such action or claim.
Privacy
- Please
see Jackson Galleriess Privacy Policy, located here.
Miscellaneous
- This
Web Site originates from [Camarillo, California]. Jackson Galleries
does not claim that the Site Material is appropriate or may be
used outside of the United States. Access to the Site Material
may not be legal by certain persons or in certain countries.
If you access the Site from outside of the United States, you
do so at your own risk and are responsible for compliance with
the laws of your jurisdiction.
- These
Terms and Conditions are governed by the substantive laws of
the Commonwealth of Kentucky, without respect to its conflict
of laws principles. You agree to submit to the jurisdiction of
the courts situated in the Commonwealth of Kentucky with respect
to any dispute, disagreement, or cause of action related to or
involving this Site. If any provision is found to be invalid
by any court having competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining
provisions of these Terms and Conditions, which shall remain
in full force and effect. No waiver of any of these Terms and
Conditions shall be deemed a further or continuing waiver of
such term or any other term. Except as expressly provided elsewhere
in our Site, these Terms and Conditions constitute the entire
agreement between you and Jackson Galleries with respect to your
use of this Site.
Questions
and Suggestions:
- Jackson Galleries is a fair and reasonable company. If you have an issue with Jackson Galleries, please contact Jackson Galleries and we will resolve it within our stated policies. If you feel that your inquiry has not been satisfactorily addressed, Jackson Galleries will attempt to locate an independent mediator to settle the issue.
- If you have questions or suggestions, please complete a feedback form or you can contact us at:
Jackson
Galleries
P.O. Box 1005
Mount
Sterling, KY 40353
1-800-466-3836
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