Terms of Use
JFS Inc. (“JFS”) is pleased to provide this web site (the “Web Site”) for your personal use. However, by using this Web Site, you agree to the terms and conditions provided below and the privacy policy on the Web Site (the “Agreement”), as they govern your access to and use this Web Site and any services, products, materials, or information available through this Web Site.
USE OF WEB SITE AND WEB SITE MATERIAL
Except as expressly stated therein, this Web Site is provided for your personal, non-commercial use. You may copy material in limited quantities from this Web Site for your personal, non-commercial use provided that our copyrights notice is affixed to the copied material. JFS reserves the right to restrict your use of this Web Site at any time.
It is a condition of your use of the Web Site that you do NOT: (i) restrict or inhibit any other user from using and enjoying the Web Site; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any images or other material depicting nudity; (iii) post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, ethnic or racial slurs, hate propaganda, hate mongering, swearing or rude or deliberately offensive comments, or engage in disruptive activities online, including excessive use of the return key or flooding; (iv) post, upload or transmit any content that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, unless you first obtain permission from the owner or right holder, and such owner or holder agrees to the terms of this Agreement; (v) post, upload or transmit any information, software or other material that contains a virus or other harmful or corrupted component; (vi) post or transmit content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking or distribution of counterfeit software; (vii) post, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, “junk mail,” “spam,” or “chain letters”; (viii) solicit other users to join or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users; (ix) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity or indicate that you are an employee or representative of JFS or its affiliates; (x) resell or redistribute the information derived from the Web Site in a machine-readable database; (xi) use the Web Site to collect personally identifying information about users of the Web Site in violation of the privacy policy for the Web Site; or (xii) disguise a file type to thwart JFS’ detection process. If your use of the Web Site causes JFS to be liable to any third party, you agree to indemnify JFS, its employees, officers, directors, affiliates, subsidiaries, agents, representatives and all related parties from and against any and all damages, costs, judgments and expenses (including reasonable attorney fees) which it incurs as a result.
PROPRIETARY RIGHTS
This Agreement provides only a limited license to access and use the Web Site. Accordingly, you expressly acknowledge and agree that JFS transfers no ownership or intellectual property interest to or title in the Web Site to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Web Site, unless otherwise indicated, are owned, controlled, and licensed by JFS and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, JFS does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Web Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The Web Site is Copyright © 2011 JFS Inc. or its parent or affiliates. All rights reserved. JFS also owns a copyright in the contents of the Web Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Web Site. Any downloadable or printable programs, directories, databases, information, or materials available through the Web Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by JFS. All names, logos, and icons identifying JFS and its programs, products, and services are proprietary trademarks of JFS, and any use of such marks, including, without limitation, as domain names, without the express written permission of JFS is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
CONTENT CREATED ON THE WEB SITE BY USERS
You are solely responsible for all content including, but not limited to text, photographs, illustrations, designs, icons, audio content, and video content that you post, e-mail, create on or otherwise transmit via this Web Site (collectively, “User Content”). JFS does not control User Content posted or otherwise transmitted via the Web Site and JFS does not guarantee the accuracy, integrity, or quality of such User Content. If your User Content causes JFS to be liable to any third party, you agree to indemnify JFS, its employees, officers, directors, affiliates, subsidiaries, agents, representatives and all related parties from and against any and all damages, costs, judgments and expenses (including reasonable attorney fees) which it incurs as a result.
Any and all User Content posted and/or transmitted through the Web Site does not reflect the views, policies, or guidelines of JFS, and are not endorsed by JFS.
Rights in User Content. Visitors to the Web Site who register for an online account on the Web Site will from time to time have the opportunity to create content using the Web Site, and may in some cases post content to the Web Site. You agree that any User Content that you post, e-mail, create or otherwise transmit through the Web Site with the exception of personally identifiable information as defined in the Web Site privacy policy, shall be deemed to be non-confidential and non-proprietary and JFS shall have no obligation of any kind with respect to such User Content and shall be free to edit, exploit, modify, post, publish, reproduce, use, disclose, disseminate and distribute the User Content to others without limitation online and in any and all media now known or not currently known, throughout the world in perpetuity for any purpose without compensation, permission or notification to you or any third party.
You hereby grant to JFS an exclusive, irrevocable, worldwide, in perpetuity license to use the User Content in any form or format and to modify the same for use for any purpose. You hereby acknowledge and agree that if JFS elects to use the User Content, you shall not be entitled to any additional credit, consideration, notice or payments of any kind, and shall waive any moral rights you may have to the User Content. All copyright or other intellectual property rights that may result from JFS’ elected use of the User Content shall be the sole property of JFS. Nothing herein obligates JFS to use your User Content or compensate you for use of the User Content. You further agree that if JFS elects to use your User Content, you will execute any documents requested regarding this license or any assignment. If any use by JFS of your User Content causes it to be liable to any third party, you agree to indemnify JFS, its employees, officers, directors, affiliates, subsidiaries, agents, representatives and all related parties from and against any and all damages, costs, judgments and expenses (including reasonable attorney fees) which it incurs as a result.
Idea Submission / Waiver of Equitable Relief with Respect to User Content. JFS does not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like. Should you ignore this policy and submit an idea to JFS, you agree that the idea becomes and remains the sole and exclusive property of JFS without further liability or compensation to you. JFS welcomes your comments and suggestions on this Web Site, but JFS does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. By submitting information, you warrant that JFS may publish such information, use it as part of its operations, and incorporate its concepts in JFS products without liability or compensation to you.
You further acknowledge that JFS has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. You acknowledge that many ideas may be competitive with, similar or identical to the User Content that you create or submit through the Web Site, and/or similar or identical to each other in theme, idea, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of JFS’ use of any such similar or identical material. You also acknowledge and agree that JFS does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the User Content. Finally, you acknowledge that, with respect to any claim relating to or arising out of JFS’ actual or alleged exploitation or use of any of your User Content, the damage, if any, thereby caused to you will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the User Content or any material based on or allegedly based on the User Content, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
MONITORING
JFS may from time to time monitor or review content posted or transmitted using this Web Site and reserves the right to remove or refuse to post or transmit, in whole or in part, any content the company deems inappropriate and/or is inconsistent with the terms and conditions of this Agreement. JFS is under no obligation to monitor and/or delete any content posted or transmitted via the Web Site and assumes no responsibility or liability arising from any content posted or transmitted using this Web Site.
Furthermore, JFS reserves the right in its sole discretion and at all times, to disclose any content posted on the Web Site as necessary to satisfy any reasonable (in JFS’ sole determination) third-party demand, law, regulation, or governmental request.
DISCLAIMER
Your use of this Web Site and material from this Web Site is at your own risk.
JFS strives to provide accurate and up-to-date material on this Web Site. However, JFS makes no warranties or representations as to the accuracy or timeliness of the material provided on this Web Site. JFS assumes no liability or responsibility for any errors or omissions on this Web Site.
This Web Site may contain, or refer to, documents containing forward-looking statements which reflect management’s expectations regarding JFS’s future growth, results of operations, performance and business prospects and opportunities. Wherever possible, words such as “anticipate”, “believe”, “expects”, “intend” and similar expressions have been used to identify these forward-looking statements. These statements reflect management’s beliefs, and are based on information available to management, at the time the documents were prepared. Forward-looking statements involve significant risk, uncertainties and assumptions. A number of factors could cause actual results, performance or achievements to differ materially from the results discussed or implied in the forward-looking statements. These factors should be considered carefully and prospective investors should not place undue reliance on the forward-looking statements. Although the forward-looking statements contained in this Web Site or in documents referred to in this Web Site are based upon what management believes to be reasonable assumptions, JFS cannot assure prospective purchasers that the actual results will be consistent with these forward-looking statements. These forward-looking statements are made as of the date the documents were prepared, and JFS assumes no obligation to update or revise them to reflect new events or circumstances.
NEITHER JFS, ANY OF ITS AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEB SITE IS LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL, DATA OR USE) WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS WEB SITE OR ANY MATERIAL FROM THIS WEB SITE , EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY PORTION HEREOF, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE. WITHOUT LIMITING THE FOREGOING, THIS WEB SITE AND THE MATERIAL PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
JFS assumes no liability or responsibility for any damage to you, your computer, or your other property, due to your access to, use of, or downloading of this Web Site or any materials provided on this Web Site.
HOW TO REPORT CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others, and we ask visitors to our Web Site to do the same. It is our policy to respond to clear notices of alleged copyright infringement. The following section explains how to notify us of alleged copyright infringement. We will remove or disable content properly asserted to be infringing the copyrights of others.
Copyright Infringement Notification. If you believe that your copyright has been infringed, please provide us with a written statement containing all of the following:
1. Identification of the copyrighted work claimed to have been infringed;
2. A description of the location of the material that is claimed to be infringing. This description should have enough detail so that we can easily find the material on the Web Site, such as by providing a unique URL for the infringing material;
3. Your name, address, telephone number, and email address;
4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
5. A statement that that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner; and
6. A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
The statement should be mailed to our agent designated (“Designated Agent”) to receive and act on copyright violations at the following address:
Attn: Nicole Doyle, Online Marketing Manage
2 Atlantic Avenue, Toronto, Ontario, M6K 1X8
OR faxed to:
Attn: Nicole Doyle, Online Marketing Manage
(416)516-5113
AND emailed to:
Attn: Nicole Doyle, Online Marketing Manage
Nicole.doyle@loblaw.ca
You must include “DMCA Complaint” in the subject line.
Please note that we may forward your complaint to the person who provided the allegedly infringing content.
Counter Notification. If you think that content you provided has been removed or disabled due to a mistake or the result of a misidentification, you may file a Counter Notification. To be effective, a Counter Notification must be a written communication sent to the Designated Agent that includes the following:
1. Identification of the material that has been removed or disabled, and the location where the material appeared before it was removed or disabled;
2. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that the you will accept service of process from the person who provided notification under 17 U.S.C. § 512 (c)(1)(C) or an agent of such person;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
4. Your physical or electronic signature or a physical or electronic signature of a person authorized to act on your behalf.
The Counter Notification should be mailed to our Designated Agent to receive and act on copyright violations at the following address:
Attn: Nicole Doyle, Online Marketing Manage
2 Atlantic Avenue, Toronto, Ontario, M6K 1X8
OR faxed to:
Attn: Nicole Doyle, Online Marketing Manage
(416)516-5113
AND emailed to:
Attn: Nicole Doyle, Online Marketing Manage
Nicole.doyle@loblaw.ca
You must include “DMCA Complaint” in the subject line.
THIRD PARTY LINKS
JFS has not reviewed any or all of the sites that may be linked to this Web Site and is not responsible for any sites linked to this Web Site. Your linking to any sites from this Web Site is at your own risk. By linking to a site or permitting a link to this Web Site, JFS does not endorse the site operator or the content of the linked site.
APPLICABLE LAW
You agree that the laws of the State of New York govern any use of this Web Site, without regard to rules relating to conflict of laws that would apply the substantive laws of another jurisdiction, including with regard to any dispute arising out of your use of this Web Site or material from this Web Site. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Any controversy or claim arising out of or relating to this Agreement or breach hereof, or otherwise relating to this Web Site (with the exception of injunctive relief sought by JFS for any violation of JFS's proprietary rights), shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its then-current rules. The arbitration shall be decided by one (1) arbitrator, who shall be an attorney having experience and familiarity with information technology disputes. The language of the arbitration shall be English. The location of arbitration shall be New York, New York, USA. The arbitrator may award to the prevailing party, if any, as determined by the arbitrator, its costs and expenses, including reasonable attorneys' fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties. To the fullest extent permitted by applicable law, no such arbitration shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Each party hereby waives its right to a trial by jury for any disputes between the parties. Subject to the dispute resolution procedures and requirements set forth above, the courts of the State of New York, as well as appropriate federal courts located in the State of New York, shall have exclusive jurisdiction over all claims.
ONLINE PURCHASES
All orders made through this Web Site are subject to the terms and conditions outlined on the Web Site relating to the purchase in question and the following additional terms and conditions. Pricing and other terms and conditions relating to the purchase of the product may be changed at any time without notice. Prices may differ from those for purchases made through other channels. You have a legal obligation to pay for any orders indicated to be made by you. You must be of the age of majority in your jurisdiction of permanent residence to make purchases through this Web Site, or obtain the consent of your parent or legal guardian to make any such purchases.
SEVERED PROVISIONS AND ENTIRE AGREEMENT
If any provision of this Agreement is unenforceable, that provision shall be deemed severed from this Agreement and shall not affect the validity and enforceability of the remaining provisions. No waiver of these terms and conditions shall be valid unless the same shall be in writing and signed by the party giving such waiver. No waiver granted shall be deemed to extend to any prior or subsequent occurrence or affect in any way any rights arising by virtue of any prior or subsequent occurrence.
This is the entire agreement between the users of this Web Site and JFS relating to the subject matter. JFS reserves the right to modify the Agreement at any time upon posting. By continuing to use this Web Site after any changes are posted, you are signifying your acceptance of the revised terms and conditions, regardless of whether you have reviewed them. Please visit this page regularly to review the then-current Agreement to which you are bound.
PRODUCT AVAILABILITY DISCLAIMER
Not all stores carry the complete range of Joe Fresh® products. Also, some of our products are available for a seasonal or limited time only. To avoid disappointment, shop early (and often!!).