Please
read the following Terms of Use and Disclaimer (the "Terms")
carefully before using our website, located at JJsMagic.com (the "Site").
By using this Site, you agree to these Terms. If you do not agree to
these Terms, do not use the Site. We reserve the right, at any time,
to modify, alter, or update these Terms, and you agree to be bound by
such modifications, alterations, or updates.
Copyright;
Proprietary Materials
All creative and technical design, text, graphics, interfaces, interactive
elements and the selection and arrangement thereof on the Site are ©
2004 Fish Chemicals, Inc.. ALL RIGHTS RESERVED. Permission is granted
to electronically copy and to print hard copies of portions of the Site
for the sole purpose of placing an order on the Site or using the Site
as a shopping resource.
The materials
used and displayed on the Site, including but not limited to all text,
software, photographs, graphics, illustrations, artwork, video, music,
sound, names, logos and trademarks are, unless otherwise indicated,
the property of Company ("JJS"), located at 2467
Access Rd.
Covington, GA 30016,
USA or its affiliates or licensors and are protected by copyright, trademark,
and other laws.
Any use
of the Site and/or the Proprietary Materials, except as expressly set
forth herein, including reproduction for purposes other than those noted
above, modification, distribution, dissemination, retransmission, broadcasting
or republication, without prior written permission of JJS is strictly
prohibited.
DISCLAIMER
OF WARRANTIES
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE INFORMATION, SERVICES,
PRODUCTS, AND MATERIALS CONTAINED IN THE SITE, INCLUDING, WITHOUT LIMITATION,
TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
JJS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED,
WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER
VIRUS, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE OR ANY OTHER WARRANTIES UNDER ARTICLE 2 OF THE UNIFORM COMMERCIAL
CODE. IN ADDITION, JJS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION
ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE
AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
LIMITATION
ON LIABILITY
IN NO EVENT SHALL JJS NOR ANY OF ITS AFFILIATES, AGENTS, REPRESENTATIVES,
OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ACTS OF NEGLIGENCE THAT ARE
NOT INTENTIONAL OR RECKLESS IN NATURE, REGARDLESS OF WHETHER JJS HAS
BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER
IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING
OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE
OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM
THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU. Total liability hereunder for damages, regardless of the
nature of any claim or form of any action, shall not exceed the total
amount that has been paid to JJS ; by such claimant.
Acceptance
of an Order
The receipt of an e-mail order confirmation does not constitute the
acceptance of an order or a confirmation of an offer to sell. JJS ;
reserves the right, without prior notification, to limit the order quantity
on any item and/or refuse service to any customer. Verification of information
may be required prior to acceptance of an order.
Delivery
JJS strives to ensure that the products you order will arrive in good
working condition. If the products you order do not meet these standards,
then JJS will refund or replace your order; provided, that you comply
with the return procedures set forth in this paragraph 6. To receive
a refund or replacement, you must (a) call an JJS customer service representative
at 706-276-2568 immediately upon receipt of any JJS product and (b)
return, at your expense, such products within twenty-four (24) hours
of delivery in accordance with the customer service representative's
instructions.
Linked
Websites
JJS and its affiliates do not review or monitor any websites linked
to the Site and are not responsible for the content of any such linked
websites. Your use of such websites is at your own risk.
Governing
Law
The Terms and any disputes arising out of or related to use of the Site
including, without limitation, the information, services, products and
materials contained therein, shall be governed by, and construed and
enforced in accordance with, the laws of the State of Georgia, giving
no effect to its conflicts of law principles
Venue
You hereby submit to the exclusive jurisdiction of the federal and state
courts of Georgia with respect to any dispute or controversy regarding
these Terms or arising out of or related to use of the Site and you
hereby submit to the personal jurisdiction in any such action.
