Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Jack'd Skimboards. The collective work includes works that are licensed to Jack'd Skimboards. Copyright 2003, Jack'd Skimboards ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Jack'd Skimboards or purchasing Jack'd Skimboards products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Jack'd Skimboards or to purchase Jack'd Skimboards products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Jack'd Skimboards. You further agree not to change or delete any proprietary notices from materials downloaded from the site.When ordering custom vinyl printed skimboards DO NOT use copyrighted images Jack’d Skimboards accepts your images as submitted. Jack’d Skimboards its members and affiliates, will make no attempt to research, qualify, or gain authorization for use of any image that has been submitted for application to any board or product implemented or produced by our company, and subsequently accept absolutely no liability related to the use of copyrighted images. In accepting these terms you agree to indemnify, and hold harmless Jack’d Skimboards from any and all actual or alleged claims, demands, causes of action, liability, loss, whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, by Jack’d Skimboards its agents and contractors in connection with or arising from the use of copyrighted materials involved with custom skimboard orders. This indemnification applies to and includes, without limitation,the payment of all penalties, fines, judgments, awards, decrees, attorneys fees, and related costs or expenses,and any reimbursements to Jack’d Skimboards for all legal expenses and costs incurred by it.
Trademarks All trademarks, service marks and trade names of Jack'd Skimboards used in the site are trademarks or registered trademarks of Jack'd Skimboards
Warranty Disclaimer Jack’d Skimboards offers warranty for all products sold by Jack’d Skimboards to be free of defects in material and workmanship for a period of 60 days after the date of the purchase. If a product if found defective by Jack’d Skimboards , our only obligations will be to repair or replace the defective product. Custom painted skimboards can’t be recreated and will be replaced with a normal screen printed board. If manufacturing defects are found the product will be repaired or replaced and shipped back to you at our expense. If there are no manufacturing defects the board will be shipped back to you at your own expense, we can repair the board for an added charge if it is repairable. Jack’d Skimboards is not responsible for your product during shipment from the customer to our headquarters, and shipping charges are non refundable. Damage caused from abuse, mis-use, neglect, normal wear and tear along with damage from rocks or impact with any other objects are excluded from warranty coverage. Also if any alterations have been made to the product without written consent from Jack’d Skimboards LLC your warranty will be void. All claims must be submitted with the original purchase receipt from an authorized Jack’d Skimboards dealer. All products that will be warranted must have prior authorization, to get authorization email: warrantyauthorization@jackdboards.com. Be sure to include why you are warranting the product, your name, and contact information. Your email will be reviewed and you will be sent a return authorization form.
Limitation of Liability Jack'd Skimboards shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Jack'd Skimboards has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. There are risks involved with skimboarding which include but are not limited to death, permanent or temporary disability, physical damage, or other injury, as well as damage to equipment, and passive or active negligent acts. Some of these risks include the risks inherent in skimboarding such as falling and coming in contact with other objects. By reading this release of liability and using a Jack’d Skimboard you hereby fully and forever release and discharge indemnify and hold harmless Jack’d Skimboards, llc. and its employees and agents from any and all liabilities, claims, demands, damages, rights of action, suits or causes of action present or future, whether anticipated or unanticipated, resulting from or arising out of your use of Jack’d Skimboards equipment.
Typographical Errors In the event that a Jack'd Skimboards product is mistakenly listed at an incorrect price, Jack'd Skimboards reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Jack'd Skimboards reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Jack'd Skimboards shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Jack'd Skimboards without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice Jack'd Skimboards may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Jack'd Skimboards.
Miscellaneous Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Jack'd Skimboards products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Jack'd Skimboards products) must be commenced within one (1) year after the claim or cause of action arises. Jack'd Skimboards's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Jack'd Skimboards may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Jack'd Skimboards or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer Jack'd Skimboards does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Jack'd Skimboards is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Jack'd Skimboards reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Jack'd Skimboards in its sole discretion.
Indemnification You agree to indemnify, defend, and hold harmless Jack'd Skimboards, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links In an attempt to provide increased value to our visitors, Jack'd Skimboards may link to sites operated by third parties. However, even if the third party is affiliated with Jack'd Skimboards, Jack'd Skimboards has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Jack'd Skimboards. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Jack'd Skimboards seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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