Terms and Conditions

TERMS AND CONDITIONS

IMPORTANT: THESE TERMS OF USE REQUIRE THE BINDING ARBITRATION OF DISPUTES (OTHER THAN CERTAIN SMALL CLAIMS) AND WAIVE CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS, AS STATED IN THE “RESOLUTION OF DISPUTES” PROVISION. PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BAR JACKS THAT CONDITIONS YOUR USE OF THE SERVICES. BY USING, PARTICIPATING IN, OR ACCESSING BAR JACKS SERVICES (AS DEFINED BELOW), YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT ACCESS OR USE THE SERVICES.

ACCEPTANCE OF THE TERMS OF USE

Welcome and thank you for using the services offered by Bar Jacks Apparel, and its affiliates ("Bar Jacks"). The following Terms of Use govern all websites (including but not limited to http://www.barjacks.com and all pages within it) ("the Site"), mobile sites, and applications owned or operated by Bar Jacks, including any of our content, programs, services, features, activities, and products (collectively, the "Services"). The Services include, but are not limited to, our Bar Jacks email list and members.

PRIVACY POLICY

Your privacy is important to us. We encourage you to read our Privacy Policy to understand our privacy practices, so that you understand the actions we take with respect to your personal information and may make an informed decision about using the Services. Please note that our Privacy Policy is intended to govern any and all matters related to the collection and processing of your personal information (as defined under the Privacy Policy) by Bar Jacks, whereas these Terms of Use apply to all aspects of your relationship with Bar Jacks that do not fall within the scope of our Privacy Policy. You represent and warrant that all data that you provide to Bar Jacks is accurate.

CHANGES TO THE TERMS OF USE

We reserve the right to change these Terms of Use at any time at our sole discretion by posting revisions to the Site and/or the App. Such revisions will be effective immediately upon posting them to the Site and/or the App. You should review these Terms of Use each time you use the Services, so that you understand your rights, remedies, and obligations. Your use of the Services after such changes have been posted shall constitute your acceptance of the revised Terms of Use.

ELIGIBILITY CRITERIA, REGISTRATION, AND ACCESS TO THE SERVICES

The Services are not directed to persons under age 13 in the United States, or the equivalent age in other jurisdictions (such as 16 in the European Union). Users must be at least this age to access, use, or register for the Services. For more information regarding the collection and processing of personal information for users under this age, please visit our Privacy Policy.

If you are at least this age but under 18 years of age, you may only access, use, or register for the Services, including the Bar Jacks email list, with the consent of a parent or guardian.

Bar Jacks will not be liable for any damages that may result from misrepresentation of age by a user of the Services. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. We do not ship orders to freight forwarders.

COMMUNICATIONS

In order to provide you with the Services, including to conduct our business and to provide you with the best possible products and services, we may need to provide you with certain communications. By using the Services, and subject to the provisions of our Privacy Policy, you consent to receive any and all such communications. We will communicate with you electronically, including but not limited to e-mail, text, or SMS communications and push notifications, or by posting or sending you notices through the Site. These communications are considered part of the Services, which you may not be able to opt-out from receiving.

You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

We welcome your comments and feedback. All communications and comments submitted to us using the Services are non-confidential. We reserve the right to use any ideas, concepts, comments, techniques, visuals, or suggestions contained in any such communication or comment. We retain rights to all comments, feedback, suggestions and submissions to us using the Services.

If you elect to receive marketing and support text messages from us, either via our website or by sending a text message indicating your consent, you are providing (and signing) your prior express written consent to receive recurring marketing or promotional and support text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional, and your consent is not a condition for purchase. You can opt out of receiving any further Text Messages from this program at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email barjacksbusiness@gmail.com. In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any Text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit Text messages, you may not receive the Text Messages. Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS

All text, designs, graphics, logos, page headers, button icons, scripts, service names, manuals, technical documentation, product information, user interfaces, visual interfaces, images, photographs, trademarks, sounds, music, and artwork (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel," and arrangement thereof, appearing via the Services are owned, controlled or licensed by or to Bar Jacks, and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

The Content may not be used in connection with any product or service that is not Bar Jacks's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bar Jacks. All other trademarks not owned by Bar Jacks that appear via the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bar Jacks. Nothing appearing via the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed via the Services, without the prior written permission of the trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law.

You are granted a limited, non-sublicensable right to access the Services to print the Content for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to: 1) publish, publicly perform or display, or distribute to any third party any Content, including reproduction on any computer network, or broadcast or other media; 2) market, sell, or make commercial use of the Services or any Content therein; 3) systematically collect or use any Content or data from the Services, including but not limited to use of data spiders, robots, or comparable data gathering, mining or extraction methods; 4) make derivative use of the Services or any Content therein; or 5) use, frame, or utilize framing techniques to enclose any portion of the Services (including the images, text, or layout/design appearing within the Services).

Any unauthorized use of the Services or the Content therein terminates any permission or license that we granted you, and may violate applicable laws including copyright laws, trademark laws (including trade dress), and communications statutes and regulations. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Services, so long as the link does not portray Bar Jacks, or its products or services, in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Bar Jacks logo or other proprietary graphic or trademark as part of the link without express written permission.