Please read these terms carefully because they apply to your use of the jakesgeneralstore.com site available at htpp://www.jakesgeneralstore.com(“jakesgeneralstore.com”). Your use of jakesgeneralstore.com in any way indicates that you have read, understood and agree to these terms. By using jakesgeneralstore.com you also represent that you have the legal authority to accept these terms on behalf of yourself and any party you represent. If you do not agree to these terms, please do not use the site.
jakesgeneralstore.com, a North Branch, MN organization with a business office at North Branch, MN, United States makes jakesgeneralstore.com available to you to use on these terms.
Changes to these terms: From time to time, jakesgeneralstore.com may change these terms. In that case, we will posted the updated terms and post a notice to the discussion board, notifying users of the change. Your continued use of jakesgeneralstore.com after this notification will indicate that you have read, understood and agreed to the current version of these terms.
About the jakesgeneralstore.com site generally: jakesgeneralstore.com makes jakesgeneralstore.com available to you on these terms. You may only use jakesgeneralstore.com in accordance with these terms and, in particular but without limitation, you may not use jakesgeneralstore.com for any purpose that is unlawful or prohibited by these terms or any other conditions or notices that are made available at jakesgeneralstore.com. For example, you may not (and may not authorize another party to): (i) frame or otherwise co-brand this site (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute this site; or, (ii) use jakesgeneralstore.com in any manner that could disable, overburden, damage or impair the jakesgeneralstore.com or interfere with any other party’s use and enjoyment of jakesgeneralstore.com.
About the content you post to jakesgeneralstore.com: You may only post content to jakesgeneralstore.com that you have the right to post and license under a Creative Commons license. For example, this means that you can only post content that you yourself create, content that is in the public domain or any other material that you have the express permission to use and license to the world, for example, under a Creative Commons Sampling Plus license or a Creative Commons Noncommercial Sampling Plus license. For the avoidance of doubt, materials that infringe the rights of any third party (ie. materials used without express permission of the copyright owner) may not be used.
By submitting content to jakesgeneralstore.com, you represent and warrant to jakesgeneralstore.com that you have the necessary rights and authority to upload the content to http://www.jakesgeneralstore.com site and license it to the world under a Creative Commons license.
- Material that you do not have the right to post, for example, under intellectual property, confidentiality, privacy or other applicable laws;
- Unsolicited or unauthorized materials, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising.
- Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the jakesgeneralstore.com site or servers or networks connected to the jakesgeneralstore.com site, or that disobeys any requirements, procedures, policies or regulations of networks connected to the jakesgeneralstore.com site.
- Material that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations.
The limited extent of jakesgeneralstore.com’s responsibility for the content at the site: By using the jakesgeneralstore.com site, you represent that you understand that all information and content made available at or submitted to the jakesgeneralstore.com site is the sole responsibility of the person from which such content originated. You also acknowledge that jakesgeneralstore.com does not make any representations or warranties, including without limitation, about the accuracy, integrity or quality of the content and information made available at the instigation of users of the jakesgeneralstore.com site. You understand that by using jakesgeneralstore.com, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances is jakesgeneralstore.com liable in any way for any content, including, but not limited to: any infringing content, any errors or omissions in content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the jakesgeneralstore.com site.
You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or reliability of such content. In this regard, you acknowledge that you may not rely on any content not created by us or submitted to us, including without limitation information in any of our public forums, and in all other parts of the jakesgeneralstore.com site.
Links to third party sites: The jakesgeneralstore.com site may contain links to third party sites that are not operated and controlled by jakesgeneralstore.com. You acknowledge that jakesgeneralstore.com: (a) is not responsible or liable for any third party site, including without limitation, the content, information or products made available at any third party site for third party linked sites; (b) has not reviewed any third party linked sites; (c) has not sponsored or otherwise endorsed third party linked sites; and (d) makes no representations or warranties about any third party linked sites.
jakesgeneralstore.com’s rights to remove content and change the site: jakesgeneralstore.com may not pre-screen content submitted to and make available at the jakesgeneralstore.com site, however jakesgeneralstore.com has the right (but not the obligation) in our sole discretion to refuse or remove any content that is submitted to and made available via the jakesgeneralstore.com site.
In addition, jakesgeneralstore.com may, at any time: (a) modify, suspend or terminate the operation of or access to the jakesgeneralstore.com site or any portion of the jakesgeneralstore.com site for any reason; (b) modify or change the jakesgeneralstore.com site or any portion of the jakesgeneralstore.com site and any applicable terms and policies governing the use of the jakesgeneralstore.com site; (c) interrupt the operation of the jakesgeneralstore.com site or any portion of the jakesgeneralstore.com site, as necessary. jakesgeneralstore.com will use reasonable efforts to notify you in advance about any modification, suspension or termination.
All users of the jakesgeneralstore.com site who upload material or post content to the jakesgeneralstore.com site must provide accurate information upon registering at the Registration page to enable us to contact them. It is your responsibility to ensure that jakesgeneralstore.com has up-to-date contact information for you.
You agree that, in the event that jakesgeneralstore.com is served with an infringement notice under section 512(c)(1)(C) of the US Copyright Act, jakesgeneralstore.com will have taken reasonable steps (as required by section 512(g)(2)) if it promptly notifies you using the latest contact details you provided via the jakesgeneralstore.com Registration page.
You further agree that jakesgeneralstore.com is authorized to disclose any information that is necessary to satisfy any applicable law, regulation, legal process, court order, or government request.
DISCLAIMER OF WARRANTY: TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, jakesgeneralstore.com OFFERS jakesgeneralstore.com AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING jakesgeneralstore.com, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT. jakesgeneralstore.com DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. jakesgeneralstore.com DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
LIMITATION OF LIABILITY: EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL jakesgeneralstore.com, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE jakesgeneralstore.com PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE jakesgeneralstore.com SITE OR THE USE OF ANY MATERIAL INCLUDED AT jakesgeneralstore.com, EVEN IF THE jakesgeneralstore.com PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Termination: Your right to use the jakesgeneralstore.com site terminates automatically upon your breach of any of these terms. jakesgeneralstore.com also reserves the right to, in its sole discretion, terminate your access to all or any part of jakesgeneralstore.com at any time without notice.
You indemnify jakesgeneralstore.com for your breach of these terms: You agree to indemnify and hold harmless the jakesgeneralstore.com parties (as defined above) from and against any and all loss, expenses, damages and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of these terms. You also agree to indemnify and hold harmless the jakesgeneralstore.com parties (as defined above) from and against any and all claims brought by third parties arising out of your use of the jakesgeneralstore.com site and the content made available via the jakesgeneralstore.com site.
Trademarks: jakesgeneralstore.com may contain trademarks, service marks, logos and other names that are the property of jakesgeneralstore.com or such other party as indicated with respect to that name or icon. In the case of jakesgeneralstore.com’s trademarks, logos and icons, these may only be used in accordance with our trademark policy (http://creativecommons.org/policies).
DMCA Compliance: jakesgeneralstore.com complies with the provisions of the Digital Millennium Copyright Act (DMCA). In compliance with the DMCA, a Designated Agent has been established with proper documentation sent to the US Copyright Office. If you have a concern regarding the use of copyrighted material on any jakesgeneralstore.com Web Site, please contact the agent designated to respond to reports alleging copyright infringement.
General: (a) These terms are governed by and construed by the laws of the State of Minnesota, USA, exclusive of its choice of law rules. (b) You agree that any disputes or proceedings between jakesgeneralstore.com and you concerning these terms and jakesgeneralstore.com shall be brought in a federal or state court of competent jurisdiction sitting in Minnesota, US. (c) jakesgeneralstore.com’s failure to insist on or enforce strict performance of any of these terms shall not be construed as a waiver of any provision or right. (d) If any of these provisions is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. (e) You agree that no joint venture, partnership, employment, or agency relationship exists between you and jakesgeneralstore.com as a result of these terms or your use of jakesgeneralstore.com.
(f) These terms constitute the entire agreement between you and jakesgeneralstore.com relating to this subject matter and supersedes all prior, contemporaneous and future communications (with the exception of future amendments to these terms as made available by jakesgeneralstore.com from time to time) between you and jakesgeneralstore.com. (g) A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generating and maintained in printed form. (h) jakesgeneralstore.com may revise these terms at any time by updating this posting and posting a notice in the discussion forum.
Personal information we collect: We collect personal information at four places on our Websites: (1) when you provide us with your personal information such as by sending an email to us or signing up to receive a newsletter; (2) when you create a username (user account); and, (3) when you donate money to us or purchase merchandise via our online store (http://www.jakesgeneralstore.com/?q=product).
What we do with the personal information we collect We use the personal information you provide to us when you send us emails or sign up to receive our newsletter in order to respond to your request, for example, to reply to your email or to send you communications about news and events related to jakesgeneralstore.com.
When you donate money to us or purchase merchandise via our product page, your personal information will be handled in one of three ways, depending on which option you choose.
If you purchase merchandise directly from jakesgeneralstore.com, we will use your personal information for the purpose of sending you the items you purchased.
Regardless of the method by which you donate to jakesgeneralstore.com or purchase merchandise, we additionally use the personal information you provide for the purpose of contacting you about upcoming news and events relevant to jakesgeneralstore.com. When we contact you for the first time after your purchase, we will give you the option to choose not to be contacted in this manner again.
Non-personal browsing and site usage information that we collect: When you use the Websites, our servers (which may be hosted by a third party service provider) may collect information indirectly and automatically (through, for example, the use of your “IP address”) about your activities while visiting the Websites, including the web pages you view and the times you view them and information about the browser you are using. We do not link browsing information to the personal information you submit to us; we use this browsing information for internal purposes such as to help understand how the Websites are being used and to improve it, and for systems administration purposes. An IP address is a number that is automatically assigned to your computer when you use the Internet. In some cases your IP address stays the same from browser session to browser session; but if you use a consumer Internet access provider, your IP address probably varies from session to session.
The disclosures we may make of personal information: In general, it is not jakesgeneralstore.com’ practice to disclose personal information to third parties. We may share personal information in two instances.
Firstly, jakesgeneralstore.com may share personal information with our contractors and service providers in order to maintain, enhance, or add to the functionality of the Websites. Secondly, we may share personal information with third parties such as the government or other entities when required to by law or as required by court order.
The security of personal information collected via the Websites: jakesgeneralstore.com has implemented reasonable measures to protect against unauthorized access to and unlawful interception or processing of personal information that jakesgeneralstore.com stores and controls. However, no website can fully eliminate security risks. Third parties may circumvent our security measures to unlawfully intercept or access transmissions or private communications. We will post a reasonably prominent notice to the Websites if any such security breach occurs.
We hope this policy clarifies our procedures regarding your personal information. jakesgeneralstore.com may revise this policy at any time by updating this posting.
Effective Date: May 1st, 2008