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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY PRIOR TO USING THIS WEB SITE.

Use of and access to this site are subject to the following terms, conditions and applicable laws. Please do not use this site if you do not agree to these terms and conditions. Reading this statement and/or use of JerseyRack.com indicates an agreement to the terms described herein.

Copyright. All content included in this site, including but not limited to text, graphics or code, are copyrighted as a combined work under the United States and other copyright laws, and are the property of JerseyRack.com. The collective work includes works that are licensed to JerseyRack.com. Copyright 2010, JerseyRack, LLC. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with JerseyRack.com or the purchase of JerseyRack.com products. Downloaded or print portions of the material from the different areas of the site may be presented solely for your own non-commercial use, or to place an order with JerseyRack.com or to purchase JerseyRack.com products. However, you may be subject to any expressly stated restrictions or limitations relating to said material. Unless authorized by JerseyRack.com, any other use, including but not limited to the distribution, reproduction, transmission or display of the content of this site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Use of Site. Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a JerseyRack.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Indemnification. You agree to indemnify, defend, and hold harmless JerseyRack.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Terms and Termination. These terms and conditions are applicable to you upon your accessing the site and/or completing the registration process. These terms and conditions, or any part of them, may be terminated by JerseyRack.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Product Orders. All orders placed through the website are subject to JerseyRack.com's acceptance, which is in its sole discretion. Without limitation, this means that JerseyRack.com may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled, JerseyRack.com shall issue a credit to your credit card account.

Limitation of Liability. JerseyRack.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if JerseyRack.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Third-Party Links. In an attempt to provide increased value to our visitors, JerseyRack.com may link to sites operated by third parties. However, even if the third party is affiliated with JerseyRack.com, JerseyRack.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of JerseyRack.com. These linked sites are only for your convenience; access them at your own risk. Nonetheless, JerseyRack.com strives to protect the reliability of its web site and its links, and therefore requests any feedback on not only its own site, but for sites to which it links as well (including if a specific link does not work).

General:
  • Attorney's fees. If JerseyRack.com or its affiliates take any action to enforce this Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
  • Injunctive relief. You acknowledge that a violation or attempted violation of any of this Agreement and these terms and conditions will cause such damage to JerseyRack.com as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that JerseyRack.com shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by JerseyRack.com in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
  • Assignment. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
  • Modification. JerseyRack.com may at any time modify these terms and conditions, and your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use.
  • No warranties
    • Unless specifically agreed in writing as otherwise, all products, services, advice, merchandise and information available through this Site are provided on an "as is", "as available" basis without warranties of any kind, either expressed or implied, including but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose.
    • Without limiting the above, no warranty or guarantee is made:
      • That a User will receive the lowest available price for goods and/or services available through this Site.
      • Regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer or retailer location.
      • That the use of this Site and all software, products or services associated with this Site will be error free.
      • Regarding the results that may be obtained from the use of this Site.
      • Regarding the completeness, accuracy, reliability or quality of any information content, data, service, advice or merchandise provided or available through this Site.
      • You expressly agree that the use of this Site is at your sole risk.
  • Additional terms. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this Site, and you agree to abide by such other terms and conditions.
  • Severability. These terms and conditions shall be deemed severable , in the event that any provision is determined to be unenforceable or invalid; such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
  • Headings. The heading used in this Agreement is included for convenience only and will not limit or otherwise affect the terms and conditions herein.
  • Age. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site.
  • Personal Use. This Site is intended for personal, noncommercial use.
  • E-Mail. None of the Covered Parties are responsible for any errors or delays in responding to an order caused by an incorrect e-mail address provided by you or other technical problems beyond their control.
  • Entire agreement. While every effort has been made to ensure the accuracy of the pricing and product information displayed herein, all pricing and specifications are subject to change without notice. This Agreement, together with any terms and conditions incorporated herein or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understanding or agreement (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.

Agreement acceptance. Submitting an order online, phone or via fax indicates your AGREEMENT to these terms and conditions.

     
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