- (931) 290-6734
- roberts.v@vanjarob.com
- 1000 WALNUT AVE, CELINA, TN 38551
Van Jarob
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Last Updated Jule 22, 2024
Van Jarob Hardware Corporation, its subsidiaries, and affiliates (collectively, “Van Jarob” or “we” or “us”) are pleased to offer you our websites, mobile applications, and other online, digital and mobile services, applications, platforms, and tools that link to these Terms of Use or on which these Terms of Use appear, as well as the content, features, and software available on them (collectively, the “Online Services”). These Terms of Use form an agreement between Van Jarob and you and set forth the terms and conditions upon which we make the Online Services available to you. You must be 18 years of age or older to use the Online Services.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE ONLINE SERVICES. THESE TERMS OF USE CONTAIN PROVISIONS THAT LIMIT YOUR LEGAL RIGHTS, INCLUDING AN ARBITRATION PROVISION, WAIVERS OF CLASS ACTIONS AND JURY TRIALS, AND LIMITATIONS ON ACE’S LIABILITY. YOUR USE OF THE ONLINE SERVICES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE AND ALL POLICIES, TERMS, AND CONDITIONS STATED OR INCORPORATED BY REFERENCE IN THESE TERMS OF USE, INCLUDING OUR PRIVACY POLICY AND ADDITIONAL TERMS, YOU ARE PROHIBITED FROM, AND MUST IMMEDIATELY CEASE, ACCESSING OR USING THE ONLINE SERVICES.
We reserve the right to modify these Terms of Use at any time, at our sole discretion, and without prior notice to you. It is your responsibility to check regularly for modifications to these Terms of Use. See the section below on Modification of Terms of Use for additional information.
Note for Non-U.S. Visitors: The Online Services and the products and services offered on the Online Services are intended only for residents of the fifty (50) United States and the District of Columbia and are not directed to individuals residing outside the United States. Van Jarob makes no claims that the Online Services are appropriate or legal outside of the United States. If you reside outside the United States, do not access or use the Online Services.
1. Privacy. Van Jarob’s Privacy Policy applies to your use of the Online Services and is incorporated by reference into these Terms of Use. Please review our Privacy Policy to learn more about Van Jarob’s collection, use, and sharing of your information, including communications from Van Jarob and your choices regarding communications.
2. Additional Terms. Additional policies, guidelines, FAQs, rules, click-through agreements, and other terms and conditions may apply to certain portions of the Online Services or certain content, features, products, and services available on the Online Services (collectively, “Additional Terms”). These Additional Terms include, without limitation:
The Additional Terms, which are made part of these Terms of Use by this reference, are intended to supplement, not replace, these Terms of Use. However, to the extent of any conflict between any applicable Additional Terms and these Terms of Use, the Additional Terms will prevail. The Additional Terms may be modified from time to time. Modified versions of the Additional Terms shall be effective immediately upon posting.
3. Modification of Terms of Use. We may revise these Terms of Use from time to time without prior notice. Revised versions of these Terms of Use will be posted on this page, together with an updated effective date. You should check this page regularly to see if any recent changes to these Terms of Use have occurred. In some cases, we may post a notice of the revision on the Online Services and/or send an email or other communication notifying users of the changes. By downloading, installing, accessing, or using any of our Online Services after we post a revised version of the Terms of Use, you agree to the Terms of Use as modified.
4. Modification or Cancellation of Online Services. We reserve the right at any time, with or without notice, to modify or terminate the Online Services or any portion thereof.
5. Accounts; Security. Some portions of the Online Services may permit or require you to create or maintain an account. You agree to provide accurate and complete information when you create an account and promptly update such information to keep it accurate. You are responsible for maintaining the confidentiality of your account username and password (“Account Credentials”) and for restricting access to such information and to your computer or device. Accounts may be created only by the individual that is the subject of the account and may not be transferred. You may not permit others to use your account and you may not use anyone else’s account at any time. NEVERTHELESS, YOU ARE RESPONSIBLE AND LIABLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT, AND WE MAY RELY ON THE AUTHORITY OF ANYONE ACCESSING YOUR ACCOUNT OR USING YOUR ACCOUNT CREDENTIALS. You agree to immediately notify us if your Account Credentials are compromised or of any unauthorized use of your account or any other breach of security. Van Jarob shall not be liable for any damages resulting from any compromise of the confidentiality of your Account Credentials or any unauthorized access to your account or use of your Account Credentials. Please see our Customer Service policies for additional information on opening and managing your account. Please note that your online account is separate from your Van Jarob Rewards account, but you may choose to link the two accounts to earn Points and redeem Rewards for purchases on the Online Services. For more information about the Van Jarob Rewards program, please review the Van Jarob Rewards® Program Terms and Conditions.
6. Account Termination and Suspension. You may terminate your account by contacting Van Jarob’s customer care department by phone at (931) 290-6734 or via the Contact Us Form. Van Jarob may suspend or terminate your account and/or your use of the Online Services at any time for any reason with or without notice to you and without liability to you. In addition, Van Jarob may take any and all actions we deem necessary or reasonable to help ensure the security and integrity of the Online Services and your account. You will remain liable for any orders that you place or charges that you incur prior to termination or suspension.
7. Business Accounts. The Online Services accounts are intended for personal, household use by consumers and may not be used by businesses or other entities or for commercial purposes except through a business account, which may be subject to additional terms and conditions. The Online Services may not be used to order Products (as defined below) for resale except through a business account, and Van Jarob does not permit the Online Services to be used by resellers as a drop ship supplier. Without limiting the generality of the foregoing, resellers of Products are prohibited from (i) using the Online Services to ship or deliver Products to their customers, (ii) having their customers pick up Products at an Van Jarob Hardware store; and (iii) using the Van Jarob name, logo, and trademarks in any manner in connection with reseller’s business, including failure to remove materials referencing Van Jarob, such as packing slips, prior to shipping Products to customers. For information on Business Accounts and purchasing options available to resellers, please visit our Business Accounts page.
8. Purchases and Payment. The products and services offered on the Online Services (collectively, the “Products”) and the features, contents, specifications, availability, and prices of the Products are subject to change at any time without notice. Except as otherwise noted in these Terms of Use, Van Jarob is the merchant of record for the Products you purchase on the Online Services. Although the Online Services may display advertisements by, and links to websites maintained by, independently owned and operated Van Jarob Hardware stores, Van Jarob is not responsible for the contents of such advertisements and/or websites and Van Jarob is not the seller or merchant of record for any products or services offered on such websites.
You agree to ascertain and obey all local, state, federal and international laws (including minimum age requirements) applicable to the purchase, possession, use and sale of any Product. By placing an order, you represent that the Products ordered will be purchased and used only in a lawful manner.
The inclusion of a Product on the Online Services does not imply or warrant that the Product is or will be available at any time. Product availability and pricing vary and are determined by your location, as derived from your IP address or a location that you provide, or by the advertisement or marketing channel that directed you to the Online Services. In addition, pricing for Products offered on the Online Services may differ from prices available in Van Jarob Hardware stores. All references to currency are stated in United States dollars.
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. We reserve the right, without prior notice, to limit the order quantity on any Product, to reject any order, and/or to cancel any order at any time. We may require verification of information prior to the acceptance and/or shipment of any order.
By placing an order for Products on the Online Services, you agree to pay all Product prices, together with all applicable fees, charges, and taxes as displayed during the checkout process, including fees for delivery, assembly, and haul away, service fees, shipping and handling charges, and government mandated fees (such as delivery surcharges). You represent and warrant that you are the holder of and have the right to use the credit card, debit card, or other payment method you provide to us. Van Jarob reserves the right to change payment terms and methods at any time without notice to you. We may, in our sole discretion, offer refunds or credits on case-by-case basis and in accordance with our 30 Day Return Policy.
Please see our Customer Service policies for additional information regarding purchases, including information regarding payment options, taxes, discount codes, online redemption of Van Jarob Rewards, the tracking, cancellation, and fulfillment of orders, communications regarding your order, Product recalls, and our 30 Day Return Policy.
9. Delivery Options. Subject to the limitations and restrictions of the Online Services, the limitations, restrictions, and terms described in the Customer Service policies, and the payment of any applicable charges, when an order is placed using the Online Services, you have the following options:
Assembly
If assembly is available, you may elect to have select Products assembled by a participating Van Jarob Hardware store. Assembly is not available on all Products and is not available for Products shipped to home by carrier. The local Van Jarob Hardware store providing the assembly services is the merchant of record for such services and you must file any claims related to the assembly services, including claims for improper assembly or Products damaged during assembly, directly with the store. ACE IS NOT RESPONSIBLE FOR, AND SHALL HAVE NO LIABILITY RELATED TO, ASSEMBLY SERVICES. For more information on Product assembly, please review our Customer Service policies.
Ship to Home
If shipping is available, you may have the Product(s) shipped by carrier to an address in the United States designated by you, as long as the shipping address is compliant with our applicable shipping restrictions and the Product is shipped either to you at your address or to a bona fide gift recipient at their address. Ship by carrier is not available if you purchase Product assembly. Shipment of Products by carrier is made pursuant to a shipment contract. Risk of loss for and title to such Products will pass to you upon delivery of the Products to the carrier. You agree and acknowledge that you are responsible for filing any claims with carriers for damaged and/or lost shipments. For more information on shipment by carrier, please review our Customer Service policies.
Store Pickup
If store pickup is available, you may pick up the Product(s) at a participating local Van Jarob Hardware store, as indicated in the Online Services. Risk of loss for and title to such Products will pass to you when you pick up the Products from the designated participating Van Jarob Hardware store. For more information on store pickup, please review our Customer Service policies.
Delivery from Store
If delivery is available, you may have the Product(s) delivered by a participating local Van Jarob Hardware store to an address designated by you, as long as the delivery address is compliant with our applicable delivery from store restrictions and the Product is delivered to you at your address or to a bona fide gift recipient at their address. Additional service fees may apply to the delivery of some Products, including bulky items. If you don’t reside in a participating store’s delivery area, extended delivery areas may be available for select eligible Products. If you reside in a participating Van Jarob Hardware store’s extended delivery area and order an eligible Product, the store may elect to deliver non-eligible Products included in the same order. However, if you remove the eligible Product from your cart or cancel your order of the eligible Product, delivery from store will no longer be available and you will need to select another available option. Risk of loss for and title to Products delivered from store will pass to you upon the local Van Jarob Hardware store’s delivery of the items to the designated delivery address. The local Van Jarob Hardware store providing the delivery services is the merchant of record for such services and you must file any claims related to the delivery services, including claims for damaged and/or lost deliveries, directly with the store. ACE IS NOT RESPONSIBLE FOR, AND SHALL HAVE NO LIABILITY RELATED TO, DELIVERY SERVICES. For more information delivery from store, please review our Customer Service policies.
Haul Away
When you purchase a new qualifying grill on the Online Services and have it delivered from store, if haul away is available, you may elect to purchase haul away services and have your old grill hauled away by your participating local Van Jarob Hardware store. The local Van Jarob Hardware store providing the haul away services is the merchant of record for such services and you must file any claims related to haul away services, including claims for damaged and/or lost deliveries, directly with the store. ACE IS NOT RESPONSIBLE FOR, AND SHALL HAVE NO LIABILITY RELATED TO, HAUL AWAY SERVICES. For more information on haul away services, including applicable restrictions and limitations, please review our Customer Services policies.
Please see the Product page for options available to you with respect to each Product you order. Van Jarob, and each local Van Jarob Hardware store providing Products, assembly, delivery, and/or haul away services, may cancel any order, or any portion of any order, at any time for any reason. Assembly, delivery, shipping, store pickup, and haul away of Products are not available outside the fifty (50) United States and the District of Columbia.
10. Promotions. From time to time, Van Jarob may offer promotional codes, discounts, offers, sweepstakes, contests, and other promotional offers (collectively, “Promotions”). See the rules or terms of each Promotion for applicable limitations, restrictions, expiration dates and other terms. Van Jarob reserves the right to change or cancel a Promotion at any time for any reason without notice. Except as expressly permitted by the terms or rules applicable to a specific Promotion, Promotions may not be copied or transferred. Promotions may not be sold and are not redeemable for cash.
11. Product Information and Other Information. Van Jarob attempts to ensure that information on the Online Services, including information regarding Products, is accurate.. Despite our efforts, Product information and other information on the Online Services may be inaccurate, incomplete, or out of date. We make no representation regarding the completeness, accuracy, timeliness, usefulness, reliability, or other attributes of such information, and any reliance you place on such information is strictly at your own risk. For example, Products may be unavailable, may have different attributes than those listed, or may carry a different price than that stated on the Online Services. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Product colors may vary, and we do not guarantee that colors will be accurately displayed. If a Product fails to conform to its description on the Online Services, your sole remedy is to return it as set forth in our 30 Day Return Policy.
The Online Services may include content provided by manufacturers, licensors, influencers, aggregators, users and other third parties. All statements and opinions expressed by such third parties are the opinions of such third parties and do not necessarily reflect the opinion of Van Jarob. Van Jarob is not liable to you or any third-party for such content. Please see the User Generated Content section below for additional terms related to user content.
12. Intellectual Property and Ownership; License. The Online Services, the design, contents, features, and functionality of the Online Services, and all proprietary and intellectual property rights in the foregoing, are owned or controlled by Van Jarob, its licensors, or other providers of such material, are protected by copyright, trademark and other laws, and may not be copied or used (including in “meta-tags” or “hidden text”) except as permitted in these Terms of Use or with the prior written permission of the owner of such material. Conditioned upon your continued compliance with these Terms of Use, Van Jarob grants you a limited, revocable, non-exclusive license to temporarily access, use and display on your device the Online Services solely for your non-commercial personal use and for no other purpose. We reserve all rights in and to the Online Services not expressly granted to you under these Terms of Use. Without limiting the generality of the foregoing, certain trademarks, trade names, service marks, and logos used or displayed on the Online Services are the registered and unregistered trademarks, trade names and service marks of Van Jarob. Other trademarks, trade names, service marks, and logos used or displayed on the Online Services are the registered and unregistered trademarks, trade names and service marks of third parties. Nothing contained on the Online Services grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks, or logos displayed on the Online Services without the written permission of Van Jarob or such third-party owner, as applicable. You may not reproduce or modify the Online Services or the contents of the Online Services in any way or publicly display, perform, or distribute or otherwise use the Online Services or any such content for any public or commercial purpose. You may not use the Online Services if you are the subject of sanctions under U.S. law. This license will automatically terminate if you violate any provision of these Terms of Use. Van Jarob may terminate this license at any time for any reason or no reason, with or without notice to you. Van Jarob’s mobile applications are subject to the additional license terms and conditions set forth in the Mobile Applications section below.
13. Third-Party Links. From time to time, the Online Services may contain links to websites, applications, platforms, or services that are not owned, operated, or controlled by Van Jarob (collectively the “Third-Party Services”). If you use links to Third-Party Services, including links to websites operated by Van Jarob Hardware stores, you will leave the Online Services. ALL SUCH LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND YOUR USE OF THIRD-PARTY SERVICES IS ENTIRELY AT YOUR OWN RISK. Van Jarob is not responsible for and does not endorse or guarantee any Third-Party Services, or any products, services, content, or other information available on any Third-Party Services.
Please note that the Online Services may contain links to certain sites or functions, including the following, that are operated by third parties, not by Van Jarob, and may be governed by terms different than, or in addition to, these Terms of Use:
14. Prohibited Conduct. You agree to use the Online Services in compliance with these Terms of Use and all applicable laws, regulations, and rules. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You also agree in relation to the Online Services not to: (i) access or attempt to access any information or material by working around any technical features that limit your use of or access to the Online Services; (ii) disrupt or interfere with the proper functioning or security of the Online Services or otherwise cause harm to the Online Services or any equipment or networks; (iii) infringe any intellectual property rights or proprietary rights; (iv) post or otherwise submit any harmful or disruptive software or files, including viruses, spyware, and ransomware; (v) interfere with or inhibit any other user from using and enjoying the Online Services; (vi) violate any applicable laws or regulations; (vii) use any robot, spider, or other programmatic or automatic device, including automated dial-in or inquiry devices, to obtain information from the Online Services or otherwise monitor or copy any portion of the Online Services; (viii) prepare, compile, scrape, harvest, download, or otherwise use or copy any information from the Online Services, or transmit, provide, or otherwise distribute (whether or not for a fee) such information to any third-party; (ix) transmit spam or other unsolicited or bulk communications; (x) create or use a false identity or contact information for the purpose of misleading Van Jarob or others; (xi) violate the rights (including rights of privacy and publicity) of any person or abuse, defame, harass, stalk, or threaten another; or (xii) conduct a denial of service attack or distributed denial of service attack. In addition to any remedies that Van Jarob may have at law or in equity, if Van Jarob reasonably determines that you have violated or are likely to violate the foregoing prohibitions, or other provisions of these Terms of Use, Van Jarob may take any action Van Jarob deems necessary or advisable to cure, prevent, or address the violation, including referral to law enforcement authorities. Van Jarob will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Van Jarob to disclose the identity of anyone violating the foregoing prohibitions or other provisions of these Terms of Use.
15. User Generated Content. The Online Services may offer opportunities to post ratings, reviews, comments, photos, and other content (collectively, “User Generated Content”). Your User Generated Content must be truthful and accurate and must not be illegal or violate these Terms of Use (including the provisions regarding Prohibited Conduct ). Your User Generated Content must not be obscene, vulgar, or otherwise injurious or objectionable. In addition, your User Generated Content must not contain political campaigning, commercial solicitation, URLs, or any form of contact information. You may not mislead as to the origin of any User Generated Content. Please remember that your User Generated Content may be publicly available, and we are under no obligation to treat it as confidential. You must disclose in your User Generated Content (i) if Van Jarob or our representatives provided you with a product, prize, compensation, or anything of value, or (ii) if you are an Van Jarob employee or supplier or are otherwise connected to Van Jarob. Any opinions, advice, or statements contained in User Generated Content are those of the respective authors, not Van Jarob, and Van Jarob is not responsible or liable for User Generated Content posted by you or any other user. You are solely responsible and liable for your User Generated Content. We shall have no obligation to use, return, review, or respond to any User Generated Content. We have the right, but not the obligation, to monitor, edit, post, not post and/or remove any User Generated Content for any reason in our sole discretion. Van Jarob reserves the right to disclose your identity and other information about you to any third-party who claims your User Generated Content infringes their intellectual property rights or violates their right to privacy.
You hereby grant Van Jarob a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, print, transmit, translate, index, create derivative works from, distribute, display, and otherwise exploit your User Generated Content throughout the world in any media or format, now known or hereafter devised, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any third-party. You hereby grant Van Jarob, and any party authorized by Van Jarob, the right to use the screen name or other name that you submit in connection with such User Generated Content, if we or they choose. You represent and warrant (i) that you own or otherwise control all rights in and to your User Generated Content and have all permissions necessary to grant the above licenses; and (ii) that your User Generated Content does not violate these Terms of Use.
16. Idea Submissions. Unless expressly invited in writing by Van Jarob (for example, in order to participate in a contest), you agree not to submit any suggestions, ideas, concepts, know-how, techniques, or methods for new, proposed, or improved services, products, or processes (“Submissions”) through the Online Services. However, should you do so, you hereby grant Van Jarob, its affiliates, and/or their designees a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, sublicensable, royalty-free license to use such Submissions in any manner and for any purpose whatsoever, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing, merchandising, and/or marketing.
17. Digital Millennium Copyright Act Notice Policy. Van Jarob respects the intellectual property rights of others and asks you to do the same. We comply with the copyright notice and takedown procedures set forth in the Digital Millennium Copyright Act (“DMCA”). It is our policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on our Online Services in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Online Services where the material that you claim is infringing is located; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Van Jarob’s designated agent for notice of copyright infringement is:
General Counsel
Van Jarob Hardware Corporation
2915 Jorie Boulevard
Oak Brook, IL 60523
Phone: (931) 290-6734
Email: roberts.v@vanjarob.com
This email address should only be used to report allegations of copyright infringement. Any other communications should be directed to Van Jarob’s customer care. Van Jarob reserves the right to disregard a notice that fails to comply with the DMCA. In the event that Van Jarob determines that a DMCA notice lacks validity, Van Jarob may refuse to remove the complained of content at its discretion. Election by Van Jarob to either remove or leave the complained of content does not constitute a legal decision about the validity of your claim of infringement or the possible defenses to a claim. Van Jarob may share DMCA notices and counter-notices submitted to us, including your contact information, with others. By submitting such notices, you agree you have no expectation of privacy with respect to your submission.
18. WARRANTY; DISCLAIMERS. Certain Products offered for sale on the Online Services may be covered by a manufacturer’s warranty. Please see the manufacturer’s product documentation for warranty availability and details. Van Jarob, as a retailer, does not offer a warranty on Products.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (i) ACE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO ONLINE SERVICES AND THE PRODUCTS AND SERVICES OFFERED OR SOLD ON THE ONLINE SERVICES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY; (ii) THE ONLINE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE”; and (iii) ACE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR AVAILABILITY OF THE ONLINE SERVICES. THE ONLINE SERVICES MAY BE OUT OF DATE AND ACE DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE THE ONLINE SERVICES. PRODUCTS AND SERVICES OFFERED ON THE ONLINE SERVICES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, IF ANY. ACE DOES NOT WARRANT THAT THE ONLINE SERVICES WILL BE ERROR-FREE, WILL OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME, OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ACE HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, PRODUCT ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. ACE DOES NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS.
THE FOREGOING EXCLUSIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
19. LIMITATIONS OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (i) ACE ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, MOBILE DEVICES, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR DOWNLOADING, INSTALLATION, OR USE OF, ACCESS TO, OR BROWSING THE ONLINE SERVICES OR YOUR DOWNLOADING, INSTALLATION, OR USE OF ANY SOFTWARE, CONTENT, OR MATERIALS FROM THE ONLINE SERVICES; (ii) IN NO EVENT WILL ACE, ACE RETAILERS, ACE SUPPLIERS, AND/OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU OR ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF THE USE OF THE ONLINE SERVICES, PRODUCTS AND SERVICES OFFERED ON THE ONLINE SERVICES, OR ANY WEBSITE, APPLICATION, OR ONLINE OR DIGITAL SITE OR SERVICE LINKED TO OR FROM THE ONLINE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH THE ONLINE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE ONLINE SERVICES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON THE ONLINE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS, IN ACCORDANCE WITH SUCH MANUFACTURER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCTS IN ACCORDANCE WITH OUR 30 DAY RETURN POLICY. NOTWITHSTANDING THE FOREGOING, WITH RESPECT TO PRODUCTS THAT ARE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE PROVIDER OR MERCHANT OF RECORD OF SUCH SERVICES.
THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
20. Dispute Resolution; Arbitration; Prohibition of Class Actions. This section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act, and you and Van Jarob each agree that this section is intended to satisfy the “writing” requirement of the Federal Arbitration Act.
YOU AND ACE AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITY THAT HAS ARISEN OR MAY ARISE BETWEEN US IN CONNECTION WITH THE ONLINE SERVICES OR ANY PRODUCT OFFERED OR SOLD ON THE ONLINE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS SECTION. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL IMPACT HOW CLAIMS YOU AND ACE HAVE AGAINST EACH OTHER ARE RESOLVED. You and Van Jarob agree that any and all disputes or claims that have arisen or may arise between you and Van Jarob in connection with the Online Services, including any Products offered or sold on the Online Services and your use of the Online Services, shall be resolved exclusively through confidential, final, and binding arbitration; provided that either party may file suit in court seeking to enjoin infringement, misappropriation, or misuse of its intellectual property rights. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.
PRE-ARBITRATION DISPUTE RESOLUTION: You agree that whenever you have a disagreement with Van Jarob arising out of, connected to, or in any way related to the Online Services, you will first send a written notice to Van Jarob (a “Demand”). You agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Terms. You must send the Demand to the following address (the “Notice Address”): Van Jarob Hardware Corp., Attn: Legal Department, 2915 Jorie Blvd., Oak Brook, IL 60523. The Demand must seek to resolve only your individual Dispute, must be personally signed by you (and not your counsel), and must include any documentation sufficient to support your claim. Within twenty (20) business days of receipt of a Demand, the recipient may request an individualized video or telephone conference which both parties will personally attend (with counsel, if represented). You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until after the period to request a conference expires or, if a conference is requested, 20 business days after the individualized conference. Compliance with this informal dispute resolution procedure section is mandatory and a condition precedent to initiating arbitration. This procedure is essential to providing each of us a meaningful opportunity to resolve disputes informally. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth above. A court of competent jurisdiction may enjoin the filing or prosecution of an arbitration if these requirements have not been met.
ARBITRATION PROCEDURE: If the disagreement stated in the Demand is not resolved to your satisfaction within ten (10) business days after the conference described above (or within ten (10) business days after the time when such a conference may be requested if no conference has been requested), and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (“AAA”). The arbitration will be conducted under its rules and procedures, including the AAA’s Consumer Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules and a form for initiating arbitration proceedings are available on the AAA’s website at: www.adr.org. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either you or Van Jarob may elect to have the arbitration conducted by telephone and/or video conference or based solely on written submissions, which election shall be binding on the other party subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone and/or video conference, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Illinois, including recognized principles of equity, and will honor all claims of privilege recognized by law.
CLASS ACTION WAIVER: You and Van Jarob agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Van Jarob agree otherwise or the Mass Arbitration provisions set forth below are triggered, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect any other person or party. You and Van Jarob further agree that in the event this arbitration agreement is held to be unenforceable for any reason, the prohibitions on class and representative actions and non-individualized relief set forth in this paragraph are severable and shall apply to any claim between you and Van Jarob in any forum. YOU ARE GIVING UP THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTIONS. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.
Mass Arbitration:
If, at any time, 25 or more claimants (including you) submit Demands or seek to file demands for arbitration raising similar claims against Van Jarob, and such circumstances meet the definition and criteria of Mass Filings (“Mass Filing”) set forth in National Arbitration & Mediation’s (“NAM”) Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules,” available at https://www.namadr.com/resources/rules-fees-forms/), you and Van Jarob agree that the AAA shall not serve as arbitrator and that instead NAM shall administer any Mass Filing claims and the NAM Mass Filing Rules in effect at the time such claim is filed shall apply as modified below. You agree that throughout this process, the parties’ counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. You acknowledge and agree that your election to participate in a Mass Filing may result in a delay in the adjudication of your dispute with Van Jarob. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth below.
Stage One: Counsel for the claimants and counsel for Van Jarob shall each select 15 claims per side (30 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Van Jarob will pay the mediator’s fee.
Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Van Jarob shall each select 20 claims per side (40 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Van Jarob will pay the mediator’s fee.
Stage Three: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Van Jarob shall each select 25 claims per side (50 claims total) to be filed and to proceed in individual arbitrations as part of a third staged process, subject to any procedural changes the parties agreed to in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Following this third set of staged proceedings, counsel for claimants may elect to have the parties participate in a global mediation session of all remaining claims with a retired federal or state court judge.
If your Claim is not resolved as part of the staged process identified above, either:
Option One: You and we may separately or by agreement, opt out of arbitration and elect to have your Claim heard in court consistent with these Terms. You may opt out of arbitration by sending us your individual, personally signed notice of your intention to opt out by certified mail addressed to the Notice Address. Such an opt-out notice must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage 3 or the elective mediation associated with Stage 3. We may opt your Claim out of arbitration by sending an individual, personally signed notice of our intention to opt out to your counsel within 14 days after the expiration of your 30-day opt out period. Counsel for the parties may agree to adjust these deadlines.
OR
Option Two: If neither you nor we elect to have your Claim heard in court consistent with Option One, then you agree that your Claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 200, then 200 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 200, then all of those claims will be filed and proceed in individual arbitrations. Any remaining claims will not be filed or be deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 200 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator, as such term is used in the NAM Rules) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.
A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines that they are not enforceable as to your Claim, then your Claim will proceed in a court of competent jurisdiction consistent with these Terms.
You and we agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere disputes between the parties. You and we acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases. If any part of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the NAM rules, then the balance of this Mass Arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein unless the lack of such provision would lead this Mass Arbitration provision to fail of its essential purpose.
21. Choice of Law. These Terms of Use will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of laws. For any disputes not subject to binding arbitration that arise out of or in connection with these Terms of Use, the Online Services and/or any Product offered or sold on the Online Services, You and Van Jarob hereby irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Illinois.
22. Indemnity. You agree to indemnify and hold harmless Van Jarob, its affiliates, and their officers, directors, members, employees, and agents (collectively, the “Van Jarob Indemnitees”), from and against any claims, demands, liabilities, losses or expenses, including attorneys’ fees, made against or incurred by the Van Jarob Indemnitees arising out of or in connection with your breach of the Terms of Use, your violation of law or the rights of Van Jarob or any third-party, your User Generated Content, and/or your use of the Online Services.
23. Miscellaneous. No delay or failure by Van Jarob to enforce any of these Terms of Use shall be a waiver of any of our rights under these Terms of Use. The invalidity or unenforceability of any provision(s) of these Terms of Use shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms of Use is found to be invalid or unenforceable, these Terms of Use shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Headings and captions are for convenience only and do not affect the interpretation of any of the provisions of these Terms of Use. Any reference to the term “including” means “including, without limitation.” You may not use or export the Online Services, or any portion thereof, or any Product offered on the Online Services in violation of applicable law, including U.S. laws and regulations related to exports.
24. Additional Assistance. If you have any questions or comments, we invite you to contact Van Jarob’s customer care department by phone at (931) 290-6734 or through the Contact Us form.
25. Mobile Applications. Apple® (“Apple”) mobile devices (including iPhone®, iPad®, and Apple Watch® devices): By downloading, installing, or using an Van Jarob mobile application available through the App StoreSM store for your Apple mobile device (the “Licensed Van Jarob Application for iOS”), you agree that your use of such Licensed Van Jarob Application for iOS is subject to and governed by the Apple Terms and Conditions (available at: http://www.apple.com/legal/internet-services/itunes/us/terms.html#APPS), including the Licensed Application End User License Agreement. In addition, you agree that Licensor (as defined in the Licensed Application End User License Agreement) and its vendors may collect, store, and use information obtained from you or your device, including geolocation information and push notification preferences consistent with your authorization(s), to provide services related to the Licensed Van Jarob Application for iOS. If there is any conflict between the Apple Terms and Conditions, and these Terms and Conditions, the Apple Terms and Conditions will control with respect to your use of a Licensed Van Jarob Application for iOS.
Android™ mobile devices: By downloading, installing, or using an Van Jarob mobile application through the Google Play™ store for your Android mobile device (the “Licensed Van Jarob Application for Android”), you agree that your use of such Licensed Van Jarob Application for Android is subject to and governed by terms and conditions of the following Licensed Van Jarob Application for Android End User License Agreement:
LICENSED ACE APPLICATION FOR ANDROID END USER LICENSE AGREEMENT
The Licensed Van Jarob Application for Android is licensed, not sold, to you by Van Jarob Hardware Corporation (“Licensor”). Your license to the Licensed Van Jarob Application for Android is subject to your prior acceptance of this Licensed Application End User License Agreement (“EULA”), and you agree that the terms of this EULA will apply to each Licensed Van Jarob Application for Android that you license. Licensor reserves all rights in and to the Licensed Van Jarob Application for Android not expressly granted to you under this EULA.
a. Scope of License: This license granted to you for the Licensed Van Jarob Application for Android by Licensor is limited to a non-transferable license to use the Licensed Van Jarob Application for Android on any Android mobile device (“Android Device(s)”) that you own or control and as permitted by the usage rules set forth in Google Play Terms of Service (available at: https://play.google.com/intl/en_us/about/play-terms.html) (the “Google Play Terms”). Licensor makes no representation or warranty that the Licensed Van Jarob Application for Android will run or function properly on all Android Devices. This license does not allow you to use the Licensed Application on any Android Device that you do not own or control and you may not distribute or make the Licensed Van Jarob Application for Android available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Licensed Van Jarob Application for Android and, if you sell your Android Device to a third-party, you must remove the Licensed Van Jarob Application for Android from the Android Device before doing so. You may not copy (except as expressly permitted by this license), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Van Jarob Application for Android, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Van Jarob Application for Android). Any attempt to do so is a violation of the rights of the Licensor and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of this license will govern any upgrades provided by Licensor that replace and/or supplement the original Licensed Van Jarob Application for Android, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
b. Consent to Use of Data: You agree that Licensor and its vendors may collect and use technical data and related information, including technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Van Jarob Application for Android. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. In addition, you agree that Licensor and its vendors may collect, store, and use information obtained from you or your device, including geolocation information and push notification preferences consistent with your authorization(s), to provide services related to the Licensed Van Jarob Application for Android.
c. Termination: The license is effective until terminated by you or Licensor. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Van Jarob Application for Android and destroy all copies, full or partial, of the Licensed Van Jarob Application for Android.
d. External Services; Third-Party Materials: The Licensed Van Jarob Application for Android may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). Use of the External Services requires Internet access and use of certain External Services requires you to accept additional terms. You agree to use the External Services at your sole risk and that neither the Licensor nor its agents shall have any liability to you for any External Services. Certain External Services may display, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party web sites. By using the External Services, you acknowledge and agree that neither the Licensor nor its agents is responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials or web sites. Neither the Licensor nor its agents warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials or web sites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other web sites are provided solely as a convenience to you. Location data provided by any External Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed, or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Licensor, nor its agents, nor any of its content providers guarantee the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by any External Services. You agree that the External Services contain proprietary content, information and material that is owned by Licensor and/or its agents or licensors, and is protected by applicable intellectual property and other laws, including copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the External Services or in any manner that is inconsistent with the terms of this EULA or that infringes any intellectual property rights of a third-party. No portion of the External Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the External Services, in any manner, and you shall not exploit the External Services in any unauthorized way whatsoever, including using the External Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the External Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that neither Licensor nor its agents is in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the External Services. In addition, External Services and Third-Party Materials that may be accessed from, displayed on or linked to from the Android Devices are not available in all languages or in all countries or regions. Licensor makes no representation that such External Services and Third-Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such External Services and Third-Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including applicable local laws. Licensor reserves the right to change, suspend, remove, or disable access to any External Services at any time without notice. In no event will Licensor be liable for the removal of or disabling of access to any such External Services. Licensor may also impose limits on the use of or access to certain External Services, in any case and without notice or liability.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED ACE APPLICATION FOR ANDROID IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED ACE APPLICATION FOR ANDROID AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED ACE APPLICATION FOR ANDROID ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED ACE APPLICATION FOR ANDROID AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED ACE APPLICATION FOR ANDROID, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED ACE APPLICATION FOR ANDROID WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED ACE APPLICATION FOR ANDROID OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED ACE APPLICATION FOR ANDROID OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED ACE APPLICATION FOR ANDROID OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED ACE APPLICATION for Android, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Van Jarob Application for Android except as authorized by United States law and the laws of the jurisdiction in which the Licensed Van Jarob Application for Android was obtained. In particular, but without limitation, the Licensed Van Jarob Application for Android may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Van Jarob Application for Android, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law.
h. The Licensed Van Jarob Application for Android and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.(931) 290-6734
With a fully-fledged team of sales staff, software developers and general devotees to the cause, Van Jarob strives to deliver the best possible buying and selling experience for its customers and suppliers.