Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Jumping Jacks. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned by Munro & Company, Inc. Jumping Jacks, Jumping Jacks and all other trademarks appearing on this Site are trademarks of Munro & Company, Inc.
THIRD PARTY TRADEMARKS
Third-party trademarks, trade names, product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.
DOES JUMPING-JACKS.COM HAVE LINKS TO OTHER WEB SITES? There may be links on our website to the web sites of others. When you click onto one of these links, you are leaving Jumping Jack's website and accessing another party's website. These other web sites are not under our control and may collect personal information from you. Our Privacy and Security Policy does not address the information, privacy and security practices or policies of any other website.
We ask that you abide by the terms and conditions that follow - your use of Jumping Jacks websites (the "Site") constitutes your agreement with these terms. We reserve the right to revise these terms and conditions from time to time. When we make changes, we will post them here. You may wish to check this section from time to time, because your use of the Site following any changes indicates your agreement to be bound by those modifications.
The Contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
Most Jumping Jacks products displayed on the Site are available in select stores in the United States and select foreign markets while supplies last. In some cases, all merchandise displayed on the Site may not be available for sale in stores.
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
COMMENTS AND SUBMISSIONS
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Jumping Jacks on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Jumping Jacks property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Jumping Jacks of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Jumping Jacks is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You agree to defend, indemnify and hold Jumping Jacks harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
LINKS TO OTHER WEB SITES
To the extent that this Site contains links to outside services and resources, the availability and content of which Jumping Jacks does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
This Agreement is effective unless and until terminated by either you or Jumping Jacks. You may terminate this Agreement at any time. Jumping Jacks also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Jumping Jacks sole discretion you fail to comply with any term or provision of this Agreement.
IN NO EVENT SHALL JUMPING JACKS OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF JUMPING JACKS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
Unless otherwise specified and except to the extent Jumping Jacks products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Jumping Jacks products and services available in the United States and select foreign markets. This Site is controlled and operated by Jumping Jacks from its offices in Arkansas.
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Arkansas, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by an appropriate federal or state court sitting in the State of Arkansas.