Acceptance of Contract Terms
The following forms a legal agreement between you and Texas Jacks Inc. ("Texas Jacks"). By using this site you are acknowledging that you have read, understood, and agree to be bound by these terms and all applicable laws and regulations. If you do not agree to these terms please do not use this site. The material provided on this site is protected by law, including, but not limited to, United States Copyright Law and international treaties. Any claim relating to the use of this site, its materials and any sales thereunder is governed by the laws of the State of New York, without regard to conflict of laws rules and New York will be the sole jurisdiction and venue for any litigation arising from the use of or orders made on the site.Texas Jacks is pleased to offer this website for the benefit of our customers and the general public. Feel free to enjoy the site as much as you like. Your choice to visit our website or to take advantage of its features does not create an agency relationship between you and Texas Jacks. You are free to browse our site and use its features, and in doing so you are not acting on our behalf. To the extent Texas Jacks provides instructions on how to use or take advantage of any feature of the site, you are under no obligation to use or take advantage of that feature. The instructions Texas Jacks provides are intended solely to inform you how to take advantage of any such feature, should you in your sole discretion ultimately decide to do so.
Use Restrictions The copyright in all material provided on this site is held by Texas Jacks. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without the prior written permission of Texas Jacks. Permission is granted only to legal residents of the United States who are over the age of thirteen (13) years to display, copy or distribute and download the materials on this site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions or upon the request of Texas Jacks. Upon termination you must immediately destroy any downloaded and printed materials. You also can not "mirror" any material contained on this site. Any unauthorized use of any material contained on this site may violate copyright laws, trademark laws, and various other regulations and statutes.
The trademarks, service marks and logos (the "Trademarks") used and displayed on this site are registered and unregistered Trademarks of Texas Jacks and others. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this site without the written permission of the Trademark owner. Texas Jacks enforces its intellectual property rights to the fullest extent of the law. Texas Jacks prohibits use of the Texas Jacks logo as a "hot" link to the Texas Jacks site unless establishment of such a link is approved in advance by Texas Jacks in writing.
THIS WEBSITE AND THE INFORMATION PROVIDED HEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, Texas Jacks DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. Texas Jacks DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS OR PRODUCTS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Texas Jacks BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, HARM TO EQUIPMENT AND/OR PERSONAL INJURY OR DEATH, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF Texas Jacks OR A Texas Jacks AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULT IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF ANY ITEM YOU ASSUME ANY COST THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In the event a product is listed at an incorrect price due to a typographical error, entry error or error in pricing information received from our suppliers, Texas Jacks shall have the right to refuse or cancel any orders placed for said product(s). Although your credit card or any other form of payment normally is not charged prior to shipping an order, if you have already been charged for the purchase and the order is canceled Texas Jacks will immediately issue a credit to your credit card account or other payment type in the amount of the incorrect price.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Texas Jacks reserves the right at any time after receipt of your order to accept or decline your order for any reason.
Texas Jacks withholds applicable sales tax for orders to be delivered to addresses within New York. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other location.
Children's Online Policy
Texas Jacks is committed to the preservation of online privacy for all of its web site visitors, including children. Consistent with the Children's Online Privacy Protection Act, we will not knowingly collect any personally identifiable information from children under the age of 13. Texas Jacks sells products intended for purchase by adults. If you make a purchase on Texas Jacksgloves.com or Texas Jacksdirect.com, you are representing that you are an adult. If you are a child under the age of 13, you must ask your parent or guardian to assist you in using Texas Jacksgloves.com or Texas Jacksdirect.com.
Term of Use Revisions
Children's Online Policy
Texas Jacks is committed to the preservation of online privacy for all of its web site visitors, including children. Consistent with the Children's Online Privacy Protection Act, we will not knowingly collect any personally identifiable information from children under the age of 13. If you are a child under the age of 13, you must ask your parent or guardian to assist you in using Texas Jacksgloves.com and/or Texas Jacksdirect.com.
Consumer Ratings and Reviews Agreement
This agreement ("Agreement") governs your conduct, your rights, and Texas Jacks's rights with respect to any submissions you make associated with the Consumer Ratings and Review Services and/or other social media services (collectively "Services") offered and used by Texas Jacks Inc.
For the purposes of this agreement:
- "Texas Jacks" means Texas Jacks Inc. and its subsidiaries, affiliates, assigns, successors, brands, licensors, licensees, and/or agents. These Services may be offered on various Texas Jacks-owned or Texas Jacks-sponsored websites, web pages and/or online applications, or on third party e-commerce or informational sites and/or web pages.
- "Submission" means any text, photograph, video, music, audio/sound recording, artwork or other materials or information submitted to the Services.
When you submit a Submission, you agree to the following:
- all content that you submit is accurate;
- your Submission is original and was created by you;
- Texas Jacks's use of the Submission you upload does not violate the terms of this Agreement and will not cause injury to any person or entity;
- your Submission (or any portion of it) has not been included in nor planned for use in any other advertising or promotional materials;
- you are a resident of the United States; and
- You are not a professional actor.
- You are currently a bona fide user of the Texas Jacks product(s) mentioned in your Submission.
- Your Submission will be made without any prior payment or promise of payment having been made to you or the expectation by you of any payment in return for your proposed Submission. Your Submission will also be made without any prior benefit having been made to you or the expectation of any future benefit, except for the possibility of having your Submission used for Texas Jacks promotional purposes.
- The statements you make in the Submission reflect your true and honest opinion of and current experience with the Texas Jacks product(s) which you are reviewing.
SUBMISSION GUIDELINESYou agree that you shall not upload any Submission that includes or references any one or more of the following:
- information known by you to be false, inaccurate or misleading;
- offensive, profane, vulgar, obscene or inappropriate language or visuals;
- defamatory, libelous, or slanderous content;
- content which infringes any third party's copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, and/or any other applicable personal or proprietary rights;
- content which violates any law, statute, ordinance or regulation;
- content that engages in, encourages, advocates, or provides instructions for conduct that would constitute a criminal or civil offense under any law, statute, ordinance or regulation;
- material or content that is, or may reasonably be considered to be, hate speech, whether directed at an individual or group, or that is otherwise unlawfully threatening or unlawfully harassing to any individual, partnership, corporation, or political body;
- material or content for which you were compensated or granted any consideration by any third party;
- content depicting a health condition in a derogatory or inflammatory way or misrepresenting a health condition in any way;
- content or materials in which you impersonate another person or entity;
- content or materials intended to create disruption or to mislead others interacting with the Services, such as posting multiple Submissions in an effort to monopolize the forum or posting a Submission unrelated to the Services' designated topic or theme;
- content which includes third party websites, addresses, email addresses, contact information or phone numbers; or
- programming or materials containing any Trojan horses, computer viruses, worms, harmful code, or other potentially damaging computer programs or files.
Texas Jacks shall have the right, but not the obligation, to pursue any one or more of the following actions with regard to your submissions and your interaction with the Services:
- to monitor or review your Submission;
- to remove or refuse to post any Submission
- to suspend or terminate your access to the Services as Texas Jacks deems appropriate in the circumstances.
Texas Jacks does not guarantee that you will have any opportunity to edit or delete any Submission that you have submitted. You acknowledge that you, not Texas Jacks, are responsible for the contents of any Submission(s). None of the Submissions that you upload shall be subject to any obligation of confidence on the part of Texas Jacks, its third party service providers and agents, or their respective directors, officers and employees.
IP AND RIGHT OF PUBLICITY REPRESENTATIONS AND WARRANTIES
By uploading a Submission, you agree that you have all the rights to submit the Submission to Texas Jacks. You also agree that the Submission does not contain any material or information that, through its inclusion in the Submission and/or use by Texas Jacks (for any purpose), would violate or infringe upon any copyright, trademark, right of publicity or persona, right of privacy, moral rights, or other personal or proprietary right of any person or entity or violate any related law or regulation.
Your Submission(s) must consist entirely of material and/or information that is owned by you, including but not limited to any text, music, recordings, illustrations, photographic images, and videographic clips. By submitting a Submission, you represent and warrant that it does not contain any works, material or information that is owned or controlled by anyone other than you.
You further agree that you shall not upload any Submission that contains the name, nickname, username, biographical information, vocal recordings, and/or any illustrations, photographic or videographic clips, portraits, likenesses or pictures of any third party or any other indicia of third party right of publicity rights (collectively "Third-Party Personal Content"). By uploading a Submission, you represent and warrant that it does not contain any Third-Party Personal Content.
GRANT OF RIGHTS and RELEASE
In exchange for participating in the Services and having your Submission(s) considered for use by Texas Jacks in the Services and/or as otherwise detailed below, sufficiency of which you acknowledge, you grant each of the following to Texas Jacks:
- a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, display, and perform such Submission(s), in whole or in part, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, advertising, marketing, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law);
- an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable right to use your name, nickname, user name, biographical information, vocal recordings of you, and/or any illustrations, photographic or videographic clips, portraits, likenesses or pictures of you or any other indicia of your right of publicity rights (collectively "Your Personal Content") as contained in your Submission(s), in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law).
You also agree to waive any applicable moral rights as contained in your Submission(s) for any of the proposed uses listed above. Without limiting the foregoing, submission of a Submission constitutes your agreement that Texas Jacks is permitted to display the Submission online for public viewing and/or comment (whether on Texas Jacks's web pages or on third party web pages), to incorporate the Submission in online and offline advertising, marketing, promotional, and/or other commercial materials, and to reproduce, adapt and distribute the Submission in all media, whether now known or later developed. However, Texas Jacks will have no obligation to post or use any Submission(s).
By submitting a Submission, you agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, Texas Jacks and each of its respective officers, directors and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such Submission, including, without limitation, any and all claims for copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, and/or defamation. Without limiting the foregoing, in no event will you be entitled to, and you waive any right to, enjoin, restrain or interfere with use of the Submission or Your Personal Content embodied in such Submission or the exploitation of any of the Texas Jacks's rights as noted above.
You understand that Texas Jacks is relying upon your representations, grants of rights, waivers and releases in permitting you to submit a Submission. You acknowledge that you may not terminate or rescind the grants of rights and licenses and/or the releases contained in this Agreement.
CHOICE OF LAW, VENUE AND JURISDICTION
- This Agreement shall be governed by and interpreted in all respects in accordance with the substantive laws of the State of New York without regard to its choice of law provisions. You agree that any disputes directly or indirectly arising out of or relating to this Agreement shall be resolved exclusively in the federal courts located in Suffolk County, NY.
- You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute.
- If any provision of this Agreement is determined to be invalid by a court of competent jurisdiction, such determination shall in no way affect the validity or enforceability of any other provision.
- This Agreement sets forth the entire agreement of the parties with respect to your Submission(s) and may not be changed except by an instrument in writing signed by both parties. This Agreement supersedes any and all prior agreements between the parties.
Term of Use Revisions