AGREEMENT BETWEEN USER AND JEFFREY SAND COMPANY, LLC
The Jeffrey Sand Company, LLC ("Jeffrey Sand Company") Web Site is comprised of various Web pages operated by Jeffrey Sand Company.
The Jeffrey Sand Company Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Jeffrey Sand Company Web Site constitutes your agreement to all such terms, conditions, and notices. If you do not agree to these Terms and Conditions, do not use this Web site.
Jeffrey Sand Company reserves the right, without notice to you, to change or revise the terms, conditions, and notices under which the Jeffrey Sand Company Web Site is offered. You should review the Terms and Conditions from time to time as they are binding on you. Your continued use of this Web Site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.
LINKS TO THIRD PARTY SITES
The Jeffrey Sand Company Web Site may contain links or references to other web sites and resources ("Linked Sites"). Jeffrey Sand Company makes no representations or warranties whatsoever about any Linked Sites. The Linked Sites are not under the control of Jeffrey Sand Company and Jeffrey Sand Company 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. Jeffrey Sand Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement, sponsorship, or recommendation by Jeffrey Sand Company of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Jeffrey Sand Company Web Site, you warrant to Jeffrey Sand Company that you will not use the Jeffrey Sand Company Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Jeffrey Sand Company Web Site in any manner which could damage, disable, overburden, or impair the Jeffrey Sand Company Web Site or interfere with any other party's use and enjoyment of the Jeffrey Sand Company 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 Jeffrey Sand Company Web Sites.
MATERIALS PROVIDED TO JEFFREY SAND COMPANY
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE JEFFREY SAND COMPANY WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JEFFREY SAND COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE JEFFREY SAND COMPANY WEB SITE AT ANY TIME. INFORMATION RECEIVED VIA THE JEFFREY SAND COMPANY WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
JEFFREY SAND COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE JEFFREY SAND COMPANY WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. JEFFREY SAND COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. JEFFREY SAND COMPANY DOES NOT WARRANT THAT THE WEBSITE, OR THE SERVER OR SERVERS THAT MAKES IT AVAILABLE, WILL BE UNINTERRUPTED, TIMELY, OR FREE OF VIRUSES OR OTHER MALICIOUS COMPONENTS.
LIMITATION OF LIABILITY
Jeffrey Sand Company reserves the right, in its sole discretion, to terminate your access to the Jeffrey Sand Company Web Site and the related services or any portion thereof at any time, without notice.
JURISDICTION AND VENUE
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arkansas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Jefferson County, Arkansas, U.S.A. in all disputes arising out of or relating to the use of the Jeffrey Sand Company Web Site. Use of the Jeffrey Sand Company 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 Jeffrey Sand Company as a result of this agreement or use of the Jeffrey Sand Company Web Site. Jeffrey Sand Company’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Jeffrey Sand Company’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Jeffrey Sand Company Web Site or information provided to or gathered by Jeffrey Sand Company with respect to such use.
AS A CONDITION OF USE OF THIS WEBSITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS JEFFREY SAND COMPANY AND ITS SUPPLIERS, PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, STOCKHOLDERS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY VIOLATIONS, AND INTELLECTUAL PROPERTY INFRINGEMENT, DAMAGES, LOSSES, AND COSTS, INCLUDING ATTORNEY’S FEES, ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE WEBSITE, Jeffrey Sand Company's USE OF ANY INFORMATION YOU PROVIDE, ANY INFORMATION OR MATERIAL POSTED OR TRANSMITTED BY YOU ON OR THROUGH THE WEBSITE, OR ANY VIOLATION OF THE TERMS & CONDITIONS OF USE ASSOCIATED WITH THE WEBSITE.
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 Jeffrey Sand Company with respect to the Jeffrey Sand Company Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Jeffrey Sand Company with respect to the Jeffrey Sand Company Web Site.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Jeffrey Sand Company Web Site are protected by copyright. You may not copy, distribute, or create derivative works from any part of this Web Site (including its graphics, pictorial matter, and text) without the prior written consent of Jeffrey Sand Company. Any rights not expressly granted herein are reserved.
Certain names, logos, designs, titles, words, or phrases within this Web Site are trademarks, service marks, or tradenames of Jeffrey Sand Company and may not be used without the prior written permission of Jeffrey Sand Company. Jeffrey Sand Company claims no interest in marks owned by other entities not affiliated with Jeffrey Sand Company which may appear on this Web Site. Any rights not expressly granted herein are reserved.