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Terms and Conditions

Welcome to Jackman’s. Please take a minute to review the following Terms and Conditions that dictate the use of Jackman’s. Please be advised that through using Jackman’s you hereby agree to the Terms and Conditions listed below. Please note that that these Terms and Conditions apply to all use of the website and that Jackman’s reserves the right to change, update, or modify these Terms and Conditions at any time without prior notice to you. For these reasons, we encourage you to review this page every time you access this website.

If you do not or are unable to comply with any of the Terms and Conditions present on this page. Please do not use the site.

Use by minors

By accepting the Terms and Conditions outlined in this agreement, you are stating that you are at least 18 years of age, or at least 13 years of age and under the supervision of a parent or legal guardian who has agreed to the Terms and Conditions outlined on this page. Jackman’s does not knowingly collect information about people under the age of 18, and furthermore prohibits anyone under the age of 18 from viewing the site, unless under the supervision of a parent or legal guardian.

Billing and Registration

Any and all information provided by you to Jackman’s relating to billing and registration must be truthful and accurate. Providing false information to Jackman’s may be considered a breach of the Terms and Conditions required for use of Jackman’s. Understand that by completing the check out process, you are agreeing to make payment on the item(s) requested.

Online materials

All information including but not limited to text, images, logos, photographs, designs as well as any other form of information present on Jackman’s is intended for personal non-commercial use only. Website users may download or copy materials for their own personal use, but are strictly prohibited from copying, publishing, transmitting, distributing, modifying, selling or exploiting any material present on this site for any non-personal purpose.

Objectionable Material

Understand that by using this site you may be subject to a wide range of content. Jackman’s is not responsible if you encounter material that you deem offensive, indecent, or objectionable while using Jackman’s. Using Jackman’s should be done at your own risk. Please be advised that Jackman’s or any affiliated organization is not responsible if you are offended by the content of the website.

Website Security

Website users may in no way shape or form violate or attempt to violate the security of Jackman’s. Such behaviors include but are not limited to: accessing data not meant to be viewed by the user in question, logging on to a server or to an account in which you have not been authorized to access, probing, scanning or other means of testing the security of any system or network used by Jackman’s, bypassing the security measures of Jackman’s, interfering with the service in any way including but not limited to, submitting a virus to the site, overloading the site, spamming, mailbombing, flooding, and crashing. Any violation of the previous statement will constitute a breach of the Terms and Conditions for using Jackman’s, and could result in civil or criminal prosecution.

Impersonation

The sending of emails that give the false impression that said emails are from Jackman’s or any affiliated organization is strongly prohibited, and may result in Jackman’s taking civil or criminal action against any and all individuals involved in such practice.

Pricing and order acceptance

Jackman’s goes to great lengths in order to ensure that all prices listed on our website are accurate and up to date. However, in the event of a typographical error or a mistake of another variety, we reserve the right to refuse or cancel the sale of such product as it was made under incorrect pretenses. Although rarely enacted, Jackman’s also reserves the right to cancel any order for any reason, if we deem it necessary to do so. If Jackman’s cancels your order, you will receive a full refund.

Copyrights and Trademarks

All content present on Jackman’s is property of Jackman’s and may only be copied, imitated, or used, in any non-personal fashion, with the written consent of Jackman’s.

User data

All information collected (with the exception of credit card information) through surveys, emails, suggestions or any other means shall be and will remain the property of Jackman’s. Through submitting information to Jackman’s you are transferring to Jackman’s all worldwide rights, titles and interests, including all copyrights and other intellectual properties present in the information submitted.

Therefore, all information obtained by Jackman’s is exclusively the property of Jackman’s and the use of this information, whether commercial or otherwise, shall not be limited. Jackman’s will be entitled to use, disclose, reproduce, adapt, modify, display, publish, or distribute said information for any purpose deemed acceptable by Jackman’s, without compensating the user in any form.

As a user of this site you hereby agree that no information submitted to Jackman’s will be unlawful, threatening, obscene or in anyway damaging to Jackman’s or its employees. This includes but is not limited to software viruses, unwanted/unwarranted solicitation, chain letters, spam and any other form of mass mailing.

As a user of Jackman’s you agree to be responsible for any and all of the implications resulting from the information you send to Jackman’s. You must also agree not to provide Jackman’s with false information such as improper email addresses, and not to falsely impersonate any individual, group or entity. In the event you violate this agreement, you may be prosecuted in a criminal or civil case for any and all claims that result from your actions.

Product Display

Please see Value Assurance Policy

Compensation for harm or loss

By using this site you agree that Jackman’s is not responsible for any and all damages, whether direct or indirect, resulting from the use of Jackman’s. This includes but is not limited to personal damages, costs, expenses and legal fees.

Termination

You have the right to terminate this agreement at anytime providing you agree not to use Jackman’s any further.

Jackman’s has the right to terminate this agreement at anytime and for any reason. If this were to occur you would be denied access to Jackman’s.

Upon notice of termination, it is your responsibility to immediately destroy all material downloaded, copied or in anyway obtained or related to your use of Jackman’s. Jackman’s right to obtain and use any information submitted to Jackman’s under the authority of this agreement will survive the termination of this agreement.

Site availability

Jackman’s may decide to terminate, fully or temporarily, the operation of Jackman’s. Jackman’s is in no way required to continue operating Jackman’s and is therefore not responsible for any personal inconvenience or monetary loss stemming from the unavailability of the Jackman’s.

In the event of problems occurring as a result of a technological malfunction, Jackman’s is not entitled to compensate users for damages incurred as a result of the malfunction.

Limitation of Liability

Under no circumstances will Jackman’s, any of its employees, associates or suppliers be held responsible for any special, incidental, consequential, direct or indirect losses or damages including, but not limited to, personal damages, lost profits, damage to reputation, loss of data, computer damages, even if an employee or representative of Jackman’s was aware and could have in someway prevented such damages from occurring.

Jackman’s will never be liable, under any circumstances, for damages exceeding the amount paid by the user to Jackman’s in return for services and goods.

These Terms and Conditions represent an agreement made between the user and Jackman’s and shall supersede any and all prior agreements made between the parties. Please also be advised that the Terms and Conditions represented here do not limit or define the future actions and rights of Jackman’s.

If for any reason one section of these Terms and Conditions is deemed unenforceable, the unenforceable section will be modified only to the extent necessary to allow it to be enforced. If such an event is to occur, the remaining Terms and Conditions will remain in full effect.

Jackman’s has the right to address any violation of these Terms and Conditions on a case-by-case basis and therefore Jackman’s will enforce these Terms and Conditions as they see fit. Meaning that just because Jackman’s forfeits its right to prosecute one offender, it does not mean it shall forfeit its right to prosecute other offenders for the same or similar violations.

Applicable law

These Terms and Conditions and the use of this website shall be governed solely by the laws of the province of Ontario and therefore the laws of Canada.

The United Nations Convention on Contracts for the International Sale of Goods will not apply to the use of this website.

Changes to Terms and Conditions

The Terms and Conditions listed above were last updated on February 7th 2009. We reserve the right to change or modify these Terms and Conditions at anytime, without prior notice to you, so please check and review this page regularly.

Thank you, and please enjoy Jackman’s.