Terms Of Use
These terms and conditions of use (“Terms of Use”) govern your use of the website offered by JR286, Inc. and its affiliated group of global companies (“JR”) at www.JR286.com (the “Site”), including your purchase of products from the Site. Please read these Terms of Use carefully. Please also consult our Privacy Policy for a description of our privacy practices and policies, which are incorporated into these Terms of Use by this reference. By accessing or using the Site, you agree to be bound by these Terms of Use and Privacy Policy, which form a legally binding agreement (the “Agreement”). If you do not agree to be bound by the Agreement, please do not use the Site.
NOTE: THIS AGREEMENT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SITE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE DISPUTE RESOLUTION/ARBITRATION PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
1. Ownership of the Site and Content
All pages within this Site, and any material made available for download, unless otherwise noted, are the property of JR. The Site is protected by United States and international copyright and trademark laws. The content of the Site, including, without limitation, the files, documents, text, photographs, images, product information, audio, and video, and any materials accessed through or made available for use or download through this Site (collectively, the “Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved by JR in writing.
You may view, copy, print and use Content contained on this Site solely for your own personal use and provided that: (1) the Content available from this Site is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from this Site is modified in any way; and (3) no graphics, images, or photographs available from this Site are used, copied or distributed separate from accompanying text or separate from any copyright, trademark or other proprietary notice. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark or other intellectual property of JR or any third party, except as expressly provided herein.
2. Code of Conduct
In accessing and using this Site, you agree that you will not:
· Engage in any fraud or misrepresentation, including, without limitation, impersonating another person or entity, providing us with the personal information of another person without permission, or adopting a false identity if the purpose of doing so is to mislead, deceive, or defraud.
· Use the Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Site or other users’ devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
· Gain or attempt to gain unauthorized access to this Site, accounts, computer systems, or networks connected to Site, through hacking, password mining, or any other means.
· Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site, including harvesting or otherwise collecting information about others, such as names or email addresses.
· Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
· Interfere or attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing.”
· Use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from JR on this Site and other than generally available third party web browsers (e.g., Microsoft Explorer, Apple Safari, Mozilla Firefox, or Google Chrome).
· Violate any applicable law, rule, regulation, or ordinance.
· Infringe or violate another person’s rights, including privacy and intellectual property rights.
· Violations of system or network security may result in civil or criminal liability. JR will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
3. Account
You may be required to create an account to access or use certain areas of the Site, and to purchase products from the Site. If you choose to create an account, you are responsible for maintaining the confidentiality of your account (including your username and password information), and also for restricting access to such information, your account and your device(s). You agree to accept responsibility for all activities that occur under your account or password. Additionally, you agree to notify us immediately of any unauthorized access or use of your account or password, or any other breach of security. We reserve the right to terminate your account at any time.
4. Product Purchases
All products listed on the Site are subject to change, as is product information, pricing, and availability. JR reserves the right, at any time, to modify, suspend, or discontinue the sale of any product with or without notice.
Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out-of-date. In the event a product is listed at an incorrect price or with incorrect information, we reserve the right to decline or cancel any such orders. If your credit card has already been charged for the order and it is cancelled, we will issue a credit to your credit card account in the amount of the charge.
If you receive a product and it is not as described, your sole remedy is to return it in unused condition in accordance with JR’s return policy.
A. Payment Terms.
For each product you order on the Site, you agree to pay the price displayed on the product page at the time of your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable taxes. JR will automatically bill your credit card submitted as part of the order process for such amounts, and you hereby authorize us to do so.
Unless it is expressly stated in these terms or on the applicable product page, all payments are non-refundable
B. Shipping Policy.
You can select from JR’s shipping options during the order checkout process on the Site.
Some products are subject to shipping restrictions because of size or weight and may be delayed because of these reasons.
JR does not guarantee any specific delivery times. Shipping times are estimates that may vary depending on order processing time and the distance from our distribution center to the shipping address.
P.O. BOX/APO FPO ADDRESSES:
Note: JR will not deliver to a P.O. Box, APO or FPO address but these addresses may be used as a billing address. JR is currently exploring additional options to accommodate shipments to these addresses.
C. Return Policy.
Return Policy. Products may not be returned without JR’s prior written approval (including receiving an approved Return Authorization Form from JR, which JR may approve or deny in its sole discretion). Requests for returns must be received by JR’s customer service department Americas.cs@enijr286.com in writing within 10 days of shipping date. JR cannot offer refunds. Please email Americas.cs@enijr286.com with your order number to obtain a Return Authorization Form.
JR will not be responsible for any returns that are lost in the mail when being returned. JR advises you to insure your package containing the product(s) being sent to us and get tracking information. No exceptions will be made to this policy.
Details on the address where returns shall be sent to will be provided to you in the accompanying Return Authorization Form (if approved by JR).
Exchanges. We do not accept any product exchanges.
5. Accuracy of Information; Disclaimer of Warranties
Although JR attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. Information and Content contained on the Site may be changed or updated without notice. JR reserves the right without prior notice to discontinue any products or other items displayed on the Site without incurring any obligations.
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS SITE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. JR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. JR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS.
JR IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
6. Limitation of Liability Regarding Use of Site
JR AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, ERRORS OR INACCURACIES, PROPERTY DAMAGE CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
7. Exceptions
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, JR’s LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
8. Indemnification
You agree to defend, indemnify and hold harmless JR and its affiliates, and their respective officers, representatives, directors, employees, consultants or agents from and against any and all third party claims, losses, liabilities, damages and expenses (including, without limitation, reasonable attorney’s fees) arising from or related to your use of any Content downloaded or otherwise obtained from the Site, or your breach of these Terms of Use, including without limitation, your infringement of any intellectual property or other right of JR or any other person or entity.
9. Links
This Site may contain links to websites, applications or other services operated by third parties (the “Linked Sites”). JR does not monitor or control the Linked Sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, legality, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available, on or at the Linked Sites. If you choose to access any third-party site (including any Linked Site), you do so at your own risk, and your use of that site is subject to its own terms of use and privacy policy, which you should review. The presence of a link to a third-party site does not constitute or imply JR’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the Site.
10. Modification/Termination by JR
JR reserves the right, in its sole discretion, to modify, suspend, or terminate this Site and/or any portion thereof, and/or your use of this Site, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under this Agreement, including the warranties and indemnification obligations made by you, and by the disclaimers and limitations of liability. Additionally, JR shall not be liable to you or any third party for any termination of your access to the Site.
In its sole discretion, JR may from time-to-time revise these Terms of Use and its Privacy Policy. JR will provide prominent notice of any material changes.
11. Dispute Resolution/Arbitration
Please read this section carefully. These provisions are intended to be interpreted broadly. It affects your legal rights. It provides for resolution of most disputes through individual arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This section also contains a jury trial waiver and a waiver of any and all rights to proceed in a class, collective, consolidated, private attorney general or representative action in arbitration, or litigation to the fullest extent allowable by applicable law.
JR is committed to working with you in the event of a dispute. If you have a problem or dispute, you must first notify JR and give JR an opportunity to resolve your problem or dispute amicably. You must send JR a written notice of the problem or dispute that includes the following information: (a) information sufficient to identify any transaction and account at issue; (b) contact information (including name, address, telephone number, and email address); and (c) a detailed description of the nature and basis of the dispute and the relief sought, including a calculation for it. The notice must be personally signed by the party initiating the dispute (and their counsel, if represented). This written notice may be delivered to the following email address: Americas.cs@enijr286.com.
You agree to negotiate with JR in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after JR’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
ARBITRATION: You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the Site or these Terms of Use, shall be final and binding arbitration, except as follows:
· To the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate JR’s or any third party’s intellectual property right, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by JR and/or the applicable third party(ies).
· To the extent that the dispute qualifies for small claims court and so long as it is not removed or appealed to a court of general jurisdiction.
You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision). To the fullest extent allowable by applicable law, you and we waive the right to a jury trial.
Arbitration under this Agreement shall be conducted by National Arbitration and Mediation (“NAM”). NAM’s Comprehensive Dispute Resolution Rules and Procedures (“NAM’s Rules”) will apply. NAM’s Rules are available at www.namadr.com/resources/rules-fees-forms/ or by calling 1-800-358-2550 (within the USA). Arbitration fees will be allocated per NAM’s Rules. For each matter, the arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. IN THE EVENT THAT THIS CLASS ACTION WAIVER IS DEEMED UNENFORCEABLE, THEN ANY PUTATIVE CLASS ACTION MAY ONLY PROCEED IN A COURT OF COMPETENT JURISDICTION AND NOT IN ARBITRATION.
WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND JR BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, YOU MAY OPT-OUT OF THIS PART OF THE AGREEMENT BY SENDING AN EMAIL TO Americas.cs@enijr286.com. Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via arbitration pursuant to these Terms.
In no event shall any claim, action or proceeding by you related in any way to the Site or Terms of Use, be instituted more than one (1) year after the cause of action arose.
Additional Procedures for Multiple Case Filings. If 25 or more similar disputes (including yours) are asserted against JR by the same or coordinated counsel or are otherwise coordinated (“Multiple Case Filing”), the resolution of your Dispute might be delayed and ultimately proceed in court. You and we agree that these Additional Procedures for Multiple Case Filings shall apply if you choose to participate in a Multiple Case Filing. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the disputes, streamline procedures, address the exchange of information about the disputes, modify the number of disputes to be adjudicated upon, and conserve the parties’ and NAM’s resources. NAM’s Supplemental Rules for Mass Arbitration Filings shall apply to Multiple Case Filings. These rules can be found at https://www.namadr.com/services/mass-arbitration-filings/.
12. General
Severability: In the event that any of the Terms of Use are held by arbitrator(s), a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.
International Visitors: JR makes no representations or warranties that the content or materials of the Service are appropriate or lawful in any countries outside the United States, or that this Agreement complies with the laws of any other country. Those who choose to access the Site from locations outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Governing Law: These Terms of Use shall be governed by the laws of the United States and the State of New York, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
Assignment. You may not assign or transfer this Agreement or any or all of your rights hereunder, without the prior written consent of JR, and any attempt to do so is void.
Entire Agreement; No Waiver. These Terms of Use and the JR Privacy Policy constitutes the entire agreement between you and JR regarding the use of the Site. JR’s failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Contact Us. For any questions or concerns about this Site or the Content herein, please contact us at Americas.cs@enijr286.com.