J. Logan Home’s Terms and Conditions of Use
Table of Contents:
a. Offer of Site
b. Agreement to be Bound
c. Use Constitutes Consent
d. Amendments, Supplements, and Revisions
Limitations on Use
a. Age Representation
b. Illegal Purposes
c. Security Threats
a. Informational Purposes Only
c. Historical Information
d. Removal of Information
Modifications to Prices and Services
a. Price Changes
b. Terms of Sale
c. Third-Party Liability
d. New Services
e. Suspension or Termination of Services
c. Limitations on Sale and Availability
Billing and Accounts
a. Right to Cancel
c. Accuracy of Account Information
d. Protection of Account Information
e. Obligation to Notify
a. Use of Third-Party Tools
b. Third-Party Sites
Disclaimer of Warranties and Liability Limitation
b. Acceptance of Risk
c. Waiver of Warranties
d. Waiver of Liability
Indemnity and Duty to Defend
b. Duty to Defend
a. Right to Terminate
d. Termination for Cause
a. Our Intellectual Property
b. Third-Party Intellectual Property
c. Information Provided to Us
a. Right of Refusal
b. Transfer of Information
h. Entire Agreement
j. Independent Counsel
k. Jurisdiction and Venue
l. Waiver of Jury Trial
m. Prohibition on Representative Action
Section 1: Initial Terms
A. Offer of Site. This website is operated by JLoganHorne, LLC d/b/a J. Logan Home. Throughout the site, the terms “we”, “us” and “our” refer to JLoganHorne, LLC d/b/a J. Logan Home. We offer this website, including all information, tools and services from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
B. Agreement to be Bound. By visiting our site or purchasing any good or service from us, you engage in our “Service” as provided on such site and agree to be bound by the following terms and conditions (the “Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. These Terms constitute a binding contract between you and us. Unless otherwise expressly stated herein, there are no third-party beneficiaries to such contract.
C. Use Constitutes Consent. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. You represent to us that you have read, understood, and expressly agree to be bound by this Agreement, and the terms, conditions, and notices contained or referenced herein, whether you utilize our online store or whether you simply browse, use, or access a offered directly by us. If you do not agree to the Agreement, you may not use our Service.
D. Amendments, Supplements, and Revisions. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We may need to make changes to any portion of these Terms from time to time and for many reasons, including to reflect updates to the Service or changes in law. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. If we make a material change to these Terms, it will be effective upon posting on this site. By continuing to use our Service, you will be deemed to have agreed to and accepted any amendments. If you do not agree to any change to these Terms, you must discontinue using our Service. Our customer service representatives are not authorized to modify any provision of this Agreement, either verbally or in writing. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Section 2: Limitations on Use
A. Age Representation. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or other governmental unit of residence, or that you are the age of majority in your state, province, or other governmental unit of residence and you have given us your consent to allow any of your minor dependents to use this site. If you are under 18 years of age, you may not make purchases through the Service and may use the Service only with the involvement of a parent or guardian
B. Illegal Purposes. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
C. Security Threats. You must not transmit any worms or viruses or any code of a destructive nature.
Section 3: Site Content
A. Informational Purposes Only. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
B. Accuracy. We try to be as accurate as possible. However, we do not warrant that product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability, or other site content is accurate, complete, reliable, current, or error-free. Despite our best efforts, circumstances may arise when an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). Notwithstanding, these Terms shall not constitute an obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website or page should be taken to indicate that all information in the Service or on any related website or page has been modified or updated.
C. Historical Information. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
D. Removal of Information. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Section 4: Modifications to Prices and Services
A. Price Changes. Prices for any item offered for sale are subject to change without notice.
B. Terms of Sale. We reserve the right at any time to modify or discontinue the (or any part or content thereof) Service or the terms of sale of any Service without notice at any time.
C. Third-Party Liability. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
D. New Services. We may also, in the future, offer new services or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
E. Suspension or Termination of Services. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
Section 5: Products
A. Availability. At any given time, we may have, in addition to our online store, any number of physical stores for sale of products. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to terms which may be specified elsewhere, including but not limited to in any Return Policy we may from time-to-time adopt.
B. Depiction. We use commercially reasonable efforts to display as accurately as possible the colors and images of our products that appear online. We cannot guarantee that such items will be displayed accurately to the end-viewer.
C. Limitations on Sale and Availability. We reserve the right, but are not obligated, to limit the sales of our products or Service to any person, geographic region, or jurisdiction in accordance with applicable law. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, in our sole discretion. We are not bound to sell a product or products at prices that are in error and we reserve sole authority to determine correct pricing. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Section 6: Billing and Accounts
A. Right to Cancel. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing and/or shipping address.
B. Notification. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made, but your failure to receive any such notification shall not otherwise alter the cancellation or otherwise modify our right to cancel. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
C. Accuracy of Account Information. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
D. Protection of Account Information. You agree that you will not share your account or account information with others. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password if same are available at any time under the Service, and you are responsible for all activities under your account that you can reasonably control.
E. Obligation to Notify. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or our services.
Section 7: Third-Party Materials
A. Use of Third-Party Tools. From time to time, we may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
B. Third-Party Sites. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. We are not responsible to transmit any such matters to any third-party.
Section 8: Prohibitions
In addition to and not in lieu of any other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose or act; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, or on the basis of any other protected class; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. You shall not submit any information that may contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any information provided. You are solely responsible for information you provide and its accuracy. We take no responsibility and assume no liability for such matters posted by you or any third-party. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 9: Disclaimer of Warranties and Liability Limitation
A. Disclaimer. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
B. Acceptance of Risk. You expressly agree that your use of, or inability to use, the Service is at your sole risk and you assume any and all liability or damages associated with such risk.
C. Waiver of Warranties. The Service and all products and services delivered to you through the Service are (except as otherwise expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement. BY USING THIS SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, UNLESS EXPRESSLY STATED OTHERWISE BY US, YOU WAIVE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
D. Waiver of Liability. In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility, arising from or relating in any way to the Service for any matter from the beginning of time to the end of the world. In the event you are located at the time of your use of the Service in a jurisdiction that does not permit the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 10. Indemnity and Duty to Defend
A. Indemnity. You agree to indemnify and hold us, and our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors (the “Covered Parties”), harmless for the costs of litigation, attorneys’ fees, and damages incurred by the Covered Parties as a result of acts or omissions in violation of these Terms (“Covered Claims”). This obligation is separate and independent of the duty to defend provided below. Such indemnity shall extend to any and all Covered Claims (including reasonable attorneys’ fees and costs, regardless of whether a defense is provided as required by the duty to defend described above). Notwithstanding, such indemnity shall not apply to damages caused by the grossly negligent acts or omissions or willful, wanton, or intentional misconduct of the Covered Parties.
B. Duty to Defend. You shall defend, to the fullest extent permitted by law, any action, claim, proceeding, or any other assertion against Covered Parties, arising from or in any way related to Covered Claims, by and through attorneys and other professionals selected by the Covered Parties. This duty to defend is separate and independent of any indemnity provided to the Covered Parties in these Terms. The duty to defend includes claims for which any of the Covered Parties may be liable without fault or may be strictly liable. Such duty to defend applies immediately, regardless of whether any of the Covered Parties have paid any sums or incurred any detriment arising out of or relating, directly or indirectly, to any claims covered by this duty. The Covered Parties shall be entitled to obtain summary adjudication regarding the duty to defend at any assertion of any claim covered by these Terms. Notwithstanding the foregoing, any of the Covered Parties may, in their sole and absolute discretion, engage their own attorneys and other professionals to defend or assist it, and, at the option of the Covered Parties, their attorneys shall control the resolution of the claim or proceeding. Upon demand, you shall pay or, in the sole and absolute discretion of the Covered Parties, reimburse, the Covered Parties for the payment of reasonable fees and disbursements of attorneys, experts, and other professionals in connection therewith.
C. Construction. These duties shall be broadly construed so as to give them effect and any rules of interpretation which provide against a requirement to extend a duty of indemnification or to defend shall be ignored.
Section 11: Termination
A. Right to Terminate. In addition to any other right provided in these Terms, we reserve the right to terminate, amend, revise, replace, or otherwise alter these Terms at any time for any reason or no reason, without prior or other notice.
B. Survival. The obligations and liabilities of you and us under these Terms incurred prior to the termination date shall survive the termination of these Terms or any agreement thereunder for all purposes.
C. Effectiveness. These Terms of Service are effective unless and until terminated by us. You may only terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service and ceasing use of our site.
D. Termination for Cause. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, if required by law, or if you engage in or encourage infringement or violation of any law, we also may terminate the agreement formed between us as to these Terms without notice and you will remain liable for all amounts due up to and including the date of termination. In such event, we may deny you access to our Service (or any part thereof). Termination of such agreement may occur with or without termination of these Terms generally.
Section 12: Intellectual Property
A. Our Intellectual Property. The site contains texts, trademarks, illustrations, photos, graphics, files, designs, arrangements, and other items that are our property. We reserve all rights in such items. No rights therein whatsoever shall be granted to you by virtue of your use of the Service. All such content is protected by copyright and other protective laws and the contents of this website are to be used only in accordance with Internet regulations. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service, any such property, or any contact on the website through which the Service is provided, without express written permission by us.
B. Third-Party Intellectual Property. The site and products may from time to time include texts, trademarks, illustrations, photos, graphics, files, designs, arrangements, and other items owned by third-parties. We are not affiliated, associated, or in any way officially connected with those third-parties, or any of their subsidiaries or affiliates unless expressly indicated. The names of those third-parties, as well as related names, marks, emblems, brands, and images, are registered trademarks of their respective owners. We claim no right or interest in such names, marks, emblems, brands, or images.
C. Information Provided to Us. If you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (“Comments”), regardless of whether same is at our request, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
Section 13: General Provisions
A. Right of Refusal. We reserve the right to refuse service to anyone for any reason at any time to the fullest extent permitted by law.
B. Transfer of Information. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
C. Notices. You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at any email address you provide. You agree that these electronic notices satisfy any legal requirements that such communications be in writing. You agree that we have no obligation to ensure the accuracy of any such email address and that you bear the responsibility for ensuring that any information is provided and that you maintain access to such account.
D. Headings. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
F. Severability. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, the remainder of the Terms shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Any such determination shall not affect the validity and enforceability of any other remaining provisions of the Terms.
G. Nonwaiver. The failure or inability of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision or to otherwise insist upon full compliance with these Terms at any time.
H. Entire Agreement. These Terms of Service and any policies or operating rules adopted under these Terms or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
I. Ambiguities. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
J. Independent Counsel. You agree that you have had the opportunity to have these Terms reviewed by independent legal counsel of your choosing and by use of the site or Service agree that you have availed yourself of or have waived such right.
K. Jurisdiction and Venue. These Terms of Service and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with the laws of the State of Florida. Notwithstanding, any provision of Florida law that would cause the law of another jurisdiction to apply shall be ignored. Venue for any dispute under these Terms or any agreement related to same shall be in the state courts of the Florida county in which our primary business address is located at the time of initiation of such dispute.
L. Waiver of Jury Trial. YOU AND WE WAIVE OUR RIGHT TO JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW.
M. Prohibition on Representative Action. Neither you nor we will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.
N. Arbitration. You and we agree to arbitrate, as provided below, all disputes between you and us, that are not resolved informally. “Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and us concerning the Service or any agreement thereunder, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and we empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of this Agreement are void or voidable. Any arbitration shall be conducted pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Except as otherwise provided in these Terms, including, but not limited to, under the above indemnity and duty to defend, each party shall bear their respective fees and costs in the matter, including attorney’s fees and expert costs. The arbitrator shall have no jurisdiction to make an aware of prevailing party attorneys’ fees or expert costs to any party.