Condition of Use
Condition Of UseAGREEMENT BETWEEN USER AND J28 DESIGN INC.
The J28 Design Web Sites (www.j28design.com, www.mirrortap.com,www.blendmount.com,www.blendmountforum.com) is comprised of various Web pages owned and operated by J28 Design. The J28 Design Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the J28 Design Web Site constitutes your agreement to all such terms, conditions, and notices.
J28 Design reserves the right to change the terms, conditions, and notices under which the J28 Design Web Site is offered, including but not limited to the charges associated with the use of the J28 Design Web Site.
LINKS TO THIRD PARTY SITES
The J28 Design Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of J28 Design and J28 Design is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. J28 Design is not responsible for webcasting or any other form of transmission received from any Linked Site. J28 Design is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by J28 Design of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the J28 Design Web Site, you warrant to J28 Design that you will not use the J28 Design Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the J28 Design Web Site in any manner which could damage, disable, overburden, or impair the J28 Design Web Site or interfere with any other party's use and enjoyment of the J28 Design Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the J28 Design Web Sites.
USE OF COMMUNICATION SERVICES
The J28 Design Web Site may contain bulletin board services, chat areas. testimonials, news groups, forums, communities, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages. Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. Harvest or otherwise collect information about others, including e-mail addresses, without their consent. Violate any applicable laws or regulations.
J28 Design has no obligation to monitor the Communication Services. However, J28 Design reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. J28 Design reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. J28 Design reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in J28 Design sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. J28 Design does not control or endorse the content, messages or information found in any Communication Service and, therefore, J28 Design specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized J28 Design spokespersons, and their views do not necessarily reflect those of J28 Design. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO J28 Design OR POSTED AT J28 Design WEB SITE
J28 Design does not claim ownership of the materials you provide to J28 Design (including feedback and suggestions) or post, upload, input or submit to any J28 Design Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting J28 Design, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. J28 Design is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in J28 Design sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
ASSUMPTION OF RISK
By using J28 Design web pages for any purpose, you assume all risks associated with the use of this site and its individual pages. This risk includes but is not limited to any risk to the user's computer, software or data being damaged by any virus, software, or other file which might be transmitted or activated via a J28 Design web page or the user's access to it. J28 Design shall under no circumstance be liable for any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to lost profits or lost revenues, arising out of or in any way connected to the use or misuse of this web site, or from any information, lack of information, documents, software, services, or other material obtained through any J28 Design web pages. You also assume any and all risk arising out of the use of this web site, whether based on contract, tort, strict liability, or otherwise, even in the event that J28 Design and/or any of its employees, affiliates, or agents have been advised of the possibility of damages of any sort. To the maximum extent permitted by law, J28 Design shall not be liable for any loss or injury caused in whole or in part by its actions, omissions, or contingencies beyond its control, including in procuring, compiling, procuring, displaying, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any user's decision, or action taken or not taken in reliance upon the information or lack of information furnished.
THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE J28 Design WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. J28 Design AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE J28 Design WEB SITE AT ANY TIME.
J28 Design reserves the right, in its sole discretion, to terminate your access to the J28 Design Web Site and the related services or any portion thereof at any time, without notice.
PURCHASERS RESPONSIBILITY FOR SUITABILITY AND USE OF PRODUCTS PURCHASED FROM J28 Design
By purchasing product(s) from J28 Design, you represent and warrant that you have used independent skill, expertise and judgment in selecting the products for your requirements and intended use, and that you are solely responsible for such matters. You further represent and warrant that you are familiar with the procedures for the proper and safe use, transport, storage, installation, inspection, maintenance, and handling of the products and agree to follow such procedures.
J28 Design CAUTIONS THE PURCHASER:
J28 Design cannot anticipate the many ways their products can be installed, mounted, or used. IT IS IMPORTANT TO MOUNT AND INSTALL THE PRODUCT WHERE IT WILL NOT IMPAIR YOUR VIEW OR PRESENT A HAZARD IN CASE OF AN ACCIDENT. IT IS IMPORTANT TO USE THE PRODUCT IN COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING MOTOR VEHICLE LAWS. DO NOT ATTEMPT TO MODIFY THE PRODUCT. Consult the manufacturer for assistance.
All BlendMount products are accompanied with detailed installation instructions and adjustment tips. You are encouraged to contact firstname.lastname@example.org or call J28 Design 1-707-400-6080 for further assistance.
Other products are accompanied with manufacturers instructions. You are encouraged to contact the applicable vendor for further assistance. As a condition of your use of J28 Design Web Site and as a condition of your purchase of any products from J28 Design, you agree that you will not use such products for any purpose that is unlawful or prohibited by these terms, conditions and notices.
TERMS AND CONDITIONS OF SALE OF PRODUCTS
These terms and conditions are subject to change without prior written notice at any time, at J28 Design sole discretion.
As a condition of your purchase of any products from J28 Design, you agree to be bound by and accept these terms and conditions as the sole agreement applicable to your purchase of our products. Any terms and conditions printed on your purchase order will not apply.
J28 Design published Privacy, Shipping and Return Policies shall apply unless agreed otherwise in writing by J28 Design.
LIMITED PRODUCT WARRANTY
Except as otherwise required by law, for any product manufactured and sold hereunder by J28 Design, J28 Design to the purchaser that each item purchased from J28 Design will be free from defects in workmanship and materials for a period of twelve months from the date of shipment to the original purchaser. Purchasers exclusive remedy and J28 Design sole obligation and liability under this warranty is to promptly replace any failed product resulting from defect in workmanship or material. J28 Design does not warranty any item will be error-free or that its use will be uninterrupted. This warranty does not apply to any product that has been altered or used in conjunction with another vendors product resulting in the defect, or damaged or rendered unusable by improper installation, abuse, misuse, accident or negligence.
Except as otherwise required by law, for any product manufactured by another vendor and sold hereunder, said product shall be sold "as is" and J28 Design makes no warranty, express or implied, including but not limited to any warranty of fitness for a particular purpose or of merchantability. The purchaser is entitled to the manufacturers limited expressed warranty, if any, that accompanies the product as its sole and exclusive remedy. J28 Design makes no additional or independent warranty. Nothing in these terms and conditions is intended to enlarge, modify, or replace the original manufacturers warranty and liability for defects.
Except as otherwise expressly provided herein, J28 Design disclaims and makes no other warranties, express or implied, including any warranty of fitness for a particular purpose or of merchantability. In no event shall J28 Design be liable for punitive damages, indirect, special or consequential damages such as loss of profits, even if it has been advised of the possibility of such damages, or business opportunities, and in no event shall J28 Design liability exceed the purchase price of the product(s).
Sales of our products must follow U.S. Commerce Department Regulations and State Department Restrictions. Products purchased from this Web site may be exported from the United States only in accordance with the Export Administration Regulations. Diversion contrary to United States law is prohibited.
All sales of J28 Design shall be deemed made in the State of California, regardless of the location of the purchaser.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Sonoma County, California, U.S.A. in all disputes arising out of or relating to the use of the J28 Design Web Site. Use of the J28 Design Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and J28 Design as a result of this agreement or use of the J28 Design Web Site.
J28 Design performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of J28 Design right to comply with governmental, court and law enforcement requests or requirements relating to your use of the J28 Design Web Site or information provided to or gathered by J28 Design with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and J28 Design with respect to the J28 Design Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and J28 Design with respect to the J28 Design Web Site.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be in the English language.
Referral Code - Restricted Activities
Your eligibility for participation in the Referral Program is expressly conditioned on your adherence to the J28 Design/BlendMount Terms. If you violate any provisions of the J28 Design/BlendMount Terms or Referral Program, J28 Design/BlendMount may, in addition to any remedies, rights or actions reserved in the J28 Design/BlendMount Terms: (i) remove your eligibility to participate in the Referral Program; (ii) withdraw any Referral Rewards earned in violation or suspected violation of these restrictions; or (iii) take any other remedial action that J28 Design/BlendMount determines is necessary or appropriate in its sole discretion, including suspension or termination of your Account without prior notice to you. In addition, you agree to abide by all restrictions and limitations by not engaging in the following behaviors:
• Mass distributing your Referral Code or “spam” anyone with invitations to use BlendMount
• Using an automated system, script, program, dialer, or bot through any channel to distribute, post or respond to your Referral Code;
• Paying to advertise your Referral Code or the Referral Program, including, without limitation, via Google, Facebook, Twitter, Instagram, YouTube, Bing or Craigslist
• Purchasing advertising or search keywords (such as Google AdWords, Facebook Ads, Bing, etc.) that contain J28 Design/BlendMount’s name or trademarks
• Distributing your Referral Code to minors.
• Representing that you are J28 Design/BlendMount, are affiliated with J28 Design/BlendMount, or presenting the code in such a way to give a reasonable person the impression you are affiliated with J28 Design/BlendMount
• Making misleading claims about J28 Design/BlendMount or the Referral Program, use offensive/abusive content
• Creating fake accounts, profiles, blogs, websites, social media profiles, or apps to distribute your Referral Code
• Violating or infringing on the privacy, intellectual property, or any other rights of any individual
• Misrepresenting your connection to J28 Design/BlendMount or any other third party
• Using J28 Design/BlendMount’s intellectual property, such as the logo, name, or any other promotional material, except to identify yourself as an J28 Design/BlendMount User, Invitee, Referred User or Referrer.
• Using the name “BlendMount” or any other J28 Design trademarks or any other confusingly similar names to the J28 Design trademarks when you create or register any domains, businesses, applications, URLs, social media profiles, or other similar property and technologies
• Associating J28 Design or the J28 Design trademarks with any disparaging, defamatory, offensive, abusive, intimidating, harassing, sexually explicit, obscene, political, religious or any other restricted activities or content as described in the “Restricted Activities” section of the Terms of Service
• Attempting to defraud or abuse J28 Design, the terms of the Referral Program, the J28 Design Terms or any Invitees or Referred Users.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the J28 Design Web Site are: Copyright 2008 - 2019 J28 Design Inc. and/or its suppliers. All rights reserved.