CONDITIONS OF USE
Welcome to JackGallery.com. JackGallery.com and its affiliates
provide their services to you subject to the following conditions.
If you visit or shop at JackGallery.com, you accept these conditions.
Please read them carefully. In addition, when you use any current
or future JackGallery.com service or visit or purchase from
any business affiliated with JackGallery.com, whether or not
included in the JackGallery.com Web site, you will also be subject
to the guidelines and conditions applicable to such service
or business.
PRIVACY
Please review our Privacy Notice, which also governs your visit
to JackGallery.com to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit JackGallery.com or send e-mails to us, you are
communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with
you by e-mail or by posting notices on this site. You agree
that all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal requirement
that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations,
and software, is the property of JackGallery.com or its content
suppliers and protected by United States and international copyright
laws. The compilation of all content on this site is the exclusive
property of JackGallery.com and protected by U.S. and international
copyright laws. All software used on this site is the property
of JackGallery.com or its software suppliers and protected by
United States and international copyright laws.
LICENSE AND SITE ACCESS
JackGallery.com grants you a limited license to access and make
personal use of this site and not to download (other than page
caching) or modify it, or any portion of it, except with express
written consent of JackGallery.com. This license does not include
any resale or commercial use of this site or its contents; any
collection and use of any product listings, descriptions, or
prices; any derivative use of this site or its contents; any
downloading or copying of account information for the benefit
of another merchant; or any use of data mining, robots, or similar
data gathering and extraction tools. This site or any portion
of this site may not be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any commercial purpose
without express written consent of JackGallery.com. You may
not frame or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including images, text,
page layout, or form) of JackGallery.com and our affiliates
without express written consent. You may not use any meta tags
or any other "hidden text" utilizing JackGallery.com’s
name or trademarks without the express written consent of JackGallery.com.
Any unauthorized use terminates the permission or license granted
by JackGallery.com. You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of
JackGallery.com so long as the link does not portray JackGallery.com,
its affiliates, or their products or services in a false, misleading,
derogatory, or otherwise offensive matter. You may not use any
JackGallery.com logo or other proprietary graphic or trademark
as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting
access to your computer, and you agree to accept responsibility
for all activities that occur under your account or password.
JackGallery.com does sell products for children, but it sells
them to adults, who can purchase with a credit card. If you
are under 18, you may use JackGallery.com only with involvement
of a parent or guardian. JackGallery.com and its affiliates
reserve the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in their sole discretion.
COPYRIGHT COMPLAINTS
JackGallery.com and its affiliates respect the intellectual
property of others. If you believe that your work has been copied
in a way that constitutes copyright infringement, please contact
us directly at: webmaster@s2art.com
RISK OF LOSS
All items purchased from JackGallery.com are made pursuant to
a shipment contract. This means that the risk of loss and title
for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
JackGallery.com and its affiliates attempt to be as accurate
as possible. However, JackGallery.com does not warrant that
product descriptions or other content of this site is accurate,
complete, reliable, current, or error-free. If a product offered
by JackGallery.com itself is not as described, your sole remedy
is to return it in unused condition.
PRICING
Except where noted otherwise, the List Price displayed for products
on our website represents the full retail price listed on the
product itself, suggested by the manufacturer or supplier, or
estimated in accordance with standard industry practice. The
List Price is a comparative price estimate and may or may not
represent the prevailing price in every area on any particular
day. For certain items that are offered as a set, the List Price
may represent “open-stock” prices, which mean the
aggregate of the manufacturers estimated or suggested retail
price for each of the items included in the set.
With respect to items sold by JackGallery.com, we cannot confirm
the price of an item until you order; however, we do NOT charge
your credit card until after your order has entered the shipping
process. Despite our best efforts, a small number of the items
in our catalog may be mispriced. If we discover a mispricing,
we will do one of the following:
• If an item's correct price is lower than our stated
price, we will charge the lower amount and ship you the item.
• If an item's correct price is higher than our stated
price, we will, at our discretion, either contact you for instructions
before shipping or cancel your order and notify you of such
cancellation.
Please note that this policy applies only to products sold and
shipped by JackGallery.com. Your purchases from third-party
sellers using JackGallery.com are charged at the time you place
your order, and third-party sellers may follow different policies
in the event of a mispriced item.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY JackGallery.com ON AN "AS IS"
AND "AS AVAILABLE" BASIS. JackGallery.com MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY
AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, JackGallery.com
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. JackGallery.com DOES NOT WARRANT THAT
THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM JackGallery.com
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JackGallery.com
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL
RIGHTS.
APPLICABLE LAW
By visiting JackGallery.com, you agree that the laws of the
state of Nevada, without regard to principles of conflict of
laws, will govern these Conditions of Use and any dispute of
any sort that might arise between you and JackGallery.com or
its affiliates.
DISPUTES
Any dispute relating in any way to your visit to JackGallery.com
or to products you purchase through JackGallery.com, shall be
submitted to confidential arbitration in Las Vegas, Nevada,
except that, to the extent you have in any manner violated or
threatened to violate JackGallery.com’s intellectual property
rights, JackGallery.com may seek injunctive or other appropriate
relief in any state or federal court in the state of Nevada,
and you consent to exclusive jurisdiction and venue in such
courts. Arbitration under this agreement shall be conducted
under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and may
be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through class
arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies,
and these Conditions of Use at any time. If any of these conditions
shall be deemed invalid, void, or for any reason unenforceable,
that condition shall be deemed severable and shall not affect
the validity and enforceability of any remaining condition.
OUR ADDRESS
Jack Gallery, Inc.
One East Charleston Blvd.
Las Vegas, NV. 89104
(702) 868-7880
www.jackgallery.com
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