Website Terms and Conditions
Last Modified: _____________, 2021
THESE TERMS AND CONDITIONS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY. THESE TERMS AND CONDITIONS ALLOW US TO REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
Acceptance of Terms and Conditions
These Website Terms and Conditions are entered into by and between you and Jebtal Imports LLC (“Jebtal,” “we,” or “us”), together with any documents they expressly incorporate by reference (collectively, “Terms and Conditions”). These Terms and Conditions govern your access to and use of jebtalmart.com, including any content, functionality, products, and services offered on or through jebtalmart.com (“Website”), whether as a guest or a registered user.
Please read these Terms and Conditions carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms and Conditions. If you do not want to agree to these Terms and Conditions, you must not access or use the Website.
This Website is offered and available only to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that (a) you are of legal age to form a binding contract with Jebtal and meet all of the foregoing eligibility requirements, and (b) you are not prohibited from accessing or using the Website or any of the Website’s contents, products, or services by applicable law. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms and Conditions
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction Sections of these Terms and Conditions will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or products we provide on the Website, in our sole discretion without notice. To the fullest extent permitted by law, we will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time if permitted by law, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for the following:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and, to the fullest extent allowed under applicable law, you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, but not limited to, if, in our opinion, you have violated any provision of these Terms and Conditions.
If you have any concerns regarding your account, including changes to your account information, suspected or identified abuse of your account, or transactions that you did not authorize or other improper activities, you must immediately notify us in writing at the email address on our Contact Us page.
The owner of the Website is based in the State of Michigan in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and without our permission, you may be in violation of the eligibility requirements set forth in the Acceptance of Terms and Conditions Section above, and you are responsible for compliance with all laws applicable to your jurisdiction.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Jebtal, its licensors, or other providers of such material (as applicable) and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws (as applicable).
These Terms and Conditions permit you to use the Website only for the purposes inherent to the Website and permitted by these Terms and Conditions, including the purchase of and payment for products and services. Unless otherwise required or allowed by law not permitted to be waived, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for the purposes expressly permitted by the Website and these Terms and Conditions, including the purchase of and payment for products or services, and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use, provided you agree to be bound by our end user license agreement and any other terms and conditions for such applications (as applicable).
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from the Website.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
You must not access or use any part of the Website or any services or materials available through the Website for commercial purposes other than those expressly permitted by the Website and these Terms and Conditions.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will stop immediately and, to the fullest extent allowed under applicable law, you must immediately, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Jebtal. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, but not limited to, any laws regarding the export of data or software to and from the United States or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including, but not limited to, any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Jebtal, a Jebtal employee or agent, another user, or any other person or entity (including, but not limited to, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Jebtal or users of the Website, or expose any of them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including, but not limited to, monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent (which we may withhold for any or no reason in our sole discretion).
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any virus, Trojan horse, worm, logic bomb, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
Monitoring and Enforcement; Termination
To the fullest extent allowed under applicable law, we have the right to:
- Take appropriate legal action, including, but not limited to, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including, but not limited to, any violation of these Terms and Conditions.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user of the Website. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, YOU WAIVE AND HOLD HARMLESS JEBTAL AND ITS AFFILIATES, LICENSEES, SUB-LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
To the fullest extent allowed under applicable law, we have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
Linking to the Website and Social Media Features
You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed accompanying, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms and Conditions.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes, but is not limited to, links contained in advertisements, including banner advertisements and sponsored links. We may have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Jebtal, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Jebtal. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party.
Changes to the Website
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Other Terms and Conditions
Additional terms and conditions may apply to specific portions, products, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED ON IT.
YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE SPECIFIED IN WRITING. NEITHER JEBTAL NOR ANY PERSON ASSOCIATED WITH JEBTAL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR THAT THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR SOLE RISK.
Limitation of Liability
JEBTAL SHALL NOT BE LIABLE OR RESPONSIBLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, LOST DATA, LOSS OF USE, OR DIMINUTION IN VALUE THAT ARISE FROM OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED, WAIVED, OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF JEBTAL AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO JEBTAL FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH LIABILITY AROSE.
EACH PARTY ACKNOWLEDGES AND AGREES THAT IT ENTERED INTO THESE TERMS IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
To the fullest extent provided by law, you agree to defend, indemnify, and hold harmless Jebtal, its affiliates, licensors, and service providers, and its and their respective members, officers, directors, employees, contractors, agents, licensors, sub-licensors, sub-contractors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) of any nature, kind, or description (including, but not limited to, bodily injury, sickness, disease or death, or injury to or destruction of any real or tangible property) arising out of or relating to your violation of these Terms and Conditions, your use of the Website, any use of the Website’s content other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website or these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, the Website or these Terms and Conditions shall be instituted exclusively in the federal courts of the United States or the courts of the State of Michigan, in each case located in or for the County of Oakland, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Assignment and Third-Party Beneficiaries
We may assign our rights or delegate or sub-contract our responsibilities under these Terms and Conditions, in whole or in part, at any time and in our sole discretion. Our rights and obligations under these Terms and Conditions, including any waivers and limitations thereof, shall inure to the benefit of and be binding upon such assignees or sub-contractors. You may not assign any of your rights or delegate any of your obligations under these Terms and Conditions without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms and Conditions. These Terms and Conditions do not, and are not intended to, confer any rights or remedies upon any third-party except as expressly provided.
At our sole discretion, and to the fullest extent allowed under applicable law, we may require you to submit any disputes arising from these Terms and Conditions or use of the Website, including, but not limited to, disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Michigan law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by Jebtal of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Jebtal to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions are intended to be enforced to the fullest extent allowed under applicable law. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, then to the fullest extent allowed under applicable law, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect in that jurisdiction and all provisions of these Terms and Conditions will continue in full force and effect in all other jurisdictions.
We may provide any notice to you by either sending a message to the email address you provide or by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To give us notice under these Terms and Conditions, unless otherwise expressly specified in these Terms and Conditions, you must contact us by personal delivery, overnight courier, or registered or certified mail to Jebtal Imports LLC, 755 W. Big Beaver Rd., Troy, Michigan 48084. We may update the address for notices to us by posting a notice on the Website. Notices will be effective immediately upon delivery to us.
These Terms and Conditions, together with all documents or policies incorporated by reference into these Terms and Conditions, collectively constitute the sole and entire integrated agreement between you and Jebtal regarding the Website, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
The Website is operated by Jebtal Imports LLC, 755 W. Big Beaver Rd., Troy, Michigan 48084.
All notices of copyright infringement claims should be sent to the email address at our Contact Us page.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: email@example.com.