Terms & Conditions
Agreement between User and http://www.jcrproducts.com
Welcome to http://www.jcrproducts.com. The
http://www.jcrproducts.com website (the "Site") is comprised of
various web pages operated by JCR Products ("JCR Products").
http://www.jcrproducts.com is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein
(the "Terms"). Your use of http://www.jcrproducts.com constitutes
your agreement to all such Terms. Please read these terms carefully, and keep a
copy of them for your reference.
http://www.jcrproducts.com is an E-Commerce Site.
We provide parts, tools and accessories for slot car racing.
Privacy
Your use of http://www.jcrproducts.com is subject to JCR
Products's Privacy Policy. Please review our Privacy Policy, which also governs
the Site and informs users of our data collection practices.
Electronic
Communications
Visiting http://www.jcrproducts.com or sending emails to JCR
Products constitutes electronic communications. You consent to receive
electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via
email and on the Site, satisfy any legal requirement that such communications
be in writing.
Your Account
If you use this site, you are responsible for maintaining
the confidentiality of your account and password and for restricting access to
your computer, and you agree to accept responsibility for all activities that
occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that JCR Products
is not responsible for third party access to your account that results from
theft or misappropriation of your account. JCR Products and its associates
reserve the right to refuse or cancel service, terminate accounts, or remove or
edit content in our sole discretion.
Children Under
Thirteen
JCR Products does not knowingly collect, either online or
offline, personal information from persons under the age of thirteen. If you
are under 18, you may use http://www.jcrproducts.com only with permission of a
parent or guardian.
Cancellation/Refund
Policy
JCR Products will gladly accept the return of products that
are defective due to defects in manufacturing and/or workmanship. Fulfillment
mistakes that may be made which result in the shipment of incorrect products to
you will also be accepted for return.
Links to Third Party
Sites/Third Party Services
http://www.jcrproducts.com may contain links to other
websites ("Linked Sites"). The Linked Sites are not under the control
of JCR Products and JCR Products is not responsible for the contents of any
Linked Site, including without limitation any link contained in a Linked Site,
or any changes or updates to a Linked Site. JCR Products is providing these
links to you only as a convenience, and the inclusion of any link does not
imply endorsement by JCR Products of the site or any association with its
operators.
Certain services made available via
http://www.jcrproducts.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from
the http://www.jcrproducts.com domain, you hereby acknowledge and consent that
JCR Products may share such information and data with any third party with whom
JCR Products has a contractual relationship to provide the requested product,
service or functionality on behalf of http://www.jcrproducts.com users and
customers.
No Unlawful or
Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable
license to access and use http://www.jcrproducts.com strictly in accordance
with these terms of use. As a condition of your use of the Site, you warrant to
JCR Products that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other
party's use and enjoyment of the Site. You may not obtain or attempt to obtain
any materials or information through any means not intentionally made available
or provided for through the Site.
All content included as part of the Service, such as text,
graphics, logos, images, as well as the compilation thereof, and any software
used on the Site, is the property of JCR Products or its suppliers and
protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other
proprietary notices, legends or other restrictions contained in any such
content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer,
participate in the transfer or sale, create derivative works, or in any way
exploit any of the content, in whole or in part, found on the Site. JCR
Products content is not for resale. Your use of the Site does not entitle you
to make any unauthorized use of any protected content, and in particular you
will not delete or alter any proprietary rights or attribution notices in any
content. You will use protected content solely for your personal use, and will
make no other use of the content without the express written permission of JCR
Products and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses,
express or implied, to the intellectual property of JCR Products or our
licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by JCR
Products from our offices within the USA. If you access the Service from a
location outside the USA, you are responsible for compliance with all local
laws. You agree that you will not use the JCR Products Content accessed through
http://www.jcrproducts.com in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless JCR
Products, its officers, directors, employees, agents and third parties, for any
losses, costs, liabilities and expenses (including reasonable attorney's fees)
relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this
Agreement or your violation of any rights of a third party, or your violation
of any applicable laws, rules or regulations. JCR Products reserves the right,
at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully
cooperate with JCR Products in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute
between them arising out of or concerning these Terms and Conditions, or any
provisions hereof, whether in contract, tort, or otherwise at law or in equity
for damages or any other relief, then such dispute shall be resolved only by
final and binding arbitration pursuant to the Federal Arbitration Act,
conducted by a single neutral arbitrator and administered by the American
Arbitration Association, or a similar arbitration service selected by the
parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or
arbitration arises out of or concerns these Terms and Conditions, the
prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in
regards to these Terms and Conditions or any disputes arising as a result of
these Terms and Conditions, whether directly or indirectly, including Tort claims
that are a result of these Terms and Conditions. The parties agree that the
Federal Arbitration Act governs the interpretation and enforcement of this
provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration
provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take
place on an individual basis; class arbitrations and
class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,
COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE
ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and JCR
Products agree otherwise, the arbitrator may not consolidate more than one
person's claims, and may not otherwise preside over any form of a
representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JCR PRODUCTS
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY
TIME.
JCR PRODUCTS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. JCR
PRODUCTS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL JCR PRODUCTS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JCR PRODUCTS OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access
Restriction
JCR Products reserves the right, in its sole discretion, to
terminate your access to the Site and the related services or any portion
thereof at any time, without notice. To the maximum extent permitted by law,
this agreement is governed by the laws of the State of California and you
hereby consent to the exclusive jurisdiction and venue of courts in California
in all disputes arising out of or relating to the use of the Site. Use of the
Site is unauthorized in any jurisdiction that does not give effect to all
provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or
agency relationship exists between you and JCR Products as a result of this
agreement or use of the Site. JCR Products's performance of this agreement is
subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of JCR Products's right to comply with governmental,
court and law enforcement requests or requirements relating to your use of the
Site or information provided to or gathered by JCR Products with respect to
such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and JCR Products with respect
to the Site and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and JCR
Products with respect to the Site. A printed version of this agreement and of
any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents be written in
English.
Changes to Terms
JCR Products reserves the right, in its sole discretion, to
change the Terms under which http://www.jcrproducts.com is offered. The most
current version of the Terms will supersede all previous versions. JCR Products
encourages you to periodically review the Terms to stay informed of our
updates.
Contact Us
JCR Products welcomes your questions or comments regarding
the Terms:
JCR Products
6913 Gumwood Circle
Citrus Heights, California 95621
Email Address:
store@jcrproducts.com
Effective as of July 01, 2020