TERMS OF SERVICE

Thank you for visiting www.JibaroPR.com (the “Site”).  These Terms of Service, along with all other policies and procedures published through the Site, including our Privacy Policy, (collectively, the “Terms and Conditions”) apply and govern (a) the use of the Site; (b) by visiting our Site and/or purchasing or transacting (collectively, the “Services”).  Please read and review the Terms and Conditions carefully.

This website is operated by Jibaro. Throughout the Site and Terms and Conditions, the terms “we”, “us” and “our” refer to Jibaro.  Jibaro offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By using or engaging the Services you (a) acknowledge you have read, understand, and expressly agree to be legally bound by the Terms and Conditions; (b) agree to follow these Terms and Conditions and all applicable laws and regulations governing our Services; and (c) represent and warrant that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.  You may not use our Services for any illegal or unauthorized purpose nor violate any laws in your jurisdiction (including but not limited to copyright laws). 

Accessing, browsing or other use of the Site and/or Services indicates your acknowledgement and agreement to all Terms and Conditions.

Permitted Use and Restrictions

For purposes of these Terms and Conditions, the term “Content” includes, but not limited to, information, data, text, photographs, videos, audio clips, and comments, software, scripts, graphics, and interactive features displayed, generated, provided, or otherwise made available through the Site and Services.

Subject to the terms and conditions of this agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site and Content only for the purpose of using the Services, and not for any commercial use or on behalf of any third party, unless agreed upon in writing by us.  Any breach of this agreement shall result in the immediate revocation of the license granted without notice to you.  The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.  You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Site and/or Services. 

Except as expressly permitted in these Terms and Conditions or permitted by us in writing, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, modify, or make any commercial use of any of the information or Content provided on the Site or make any use of the Services.  We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

Accuracy, Completeness and Timelines of Information

This site may contain certain historical information.  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 timelier sources of information.  Any reliance on the material on this site is at your own risk.

Modifications to the Service and Prices

Prices for our products are subject to change without notice.  We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products or Services

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 our Return and Exchange Policy.

We have made every effort to display as accurately as possible the colors and images of our products.  Colors may depend on your monitor and may not be correctly displayed.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction.  All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.  We reserve the right to discontinue any product at any time.  Any offer for any product or service made on the Site is void where prohibited.

Order Acceptance

Jibaro reserves the right at any time to accept or decline your order for any reason.  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, and/or orders that use the same billing and/or shipping address.  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.  We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

If for any reason we cancel or provide you less than the quantity you ordered, your sole and exclusive remedy will be one of the following: (a) we will issue a credit to your credit card account for the amount cancelled or for the quantity not provided or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided.

Payment Terms

For all product orders, you acknowledge and agree to pay the price and all related fees applicable for the product at the time the order is submitted.  Unless an alternate billing arrangement has been agreed in writing and signed by Jibaro, we will automatically bill your credit card as part of the order process.  All prices are non-refundable.

Jibaro uses a third-party payment processor (the “Payment Processor”) to process all payments.  The processing of payments are subject to the privacy policies, terms, and conditions of the Payment Processor.  Jibaro is not responsible for error or omissions by the Payment Processor.

Sales Tax

Sales taxes or other charges, including but not limited to customs, import/export fees, or governmental charges, are not included in the price of products. 

Jibaro will automatically charge the applicable sales tax for orders to be delivered to addresses in Kentucky.  Customers are responsible for all sales taxes or other charges, including but not limited to customs, import/export fees, or governmental charges, on orders shipped to any other state or outside the United States of America.

Shipping and Delivery

Jibaro, in partnership with our service providers, will attempt to ship and deliver products within the quote and requested time period.  You agree and acknowledge that delivery dates are non-binding estimates and you have no claim against us for any delays.  All products are deemed accepted upon our delivery and the risk of loss and/or title transfers to you upon our delivery of products by the carrier.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor, have 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 agree to the terms on which tools are provided by the relevant third-party provider(s).

Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

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.

User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), 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.

We may, but have no obligation to, monitor, edit or remove Comments or content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

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.  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 Comments.  We take no responsibility and assume no liability for any Comments posted by you or any third-party.

Personal Information

Jibaro seeks to earn the trust of our customers and we recognize this begins with protecting and securing your personal information.  Jibaro’s Privacy Policy is available at www.JibaroPR.com/privacy and is incorporated herein by reference and is a part of the Terms and Conditions.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.  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).  If your credit card has already been charged, a credit will be issued to your credit card.

Disclaimer of Warranties: Limitation of Liability

We do not guarantee, represent or warrant that your use of our Site and/or 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 Site and/or Service will be accurate or reliable.

You agree that from time to time we may remove the Site and/or Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Site and/or Service is at your sole risk.  The Site and/or Service and all products and services delivered to you through the Site and/or Service are (except as 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, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Jibaro, 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 any of the Site and/or Service or any products procured using the Site and/or Service, or for any other claim related in any way to your use of the Site and/or 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 Site and/or Service or any Content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Jibaro and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of our Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of our Terms and Conditions are determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from our Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

The Terms and Conditions are effective unless and until terminated by either you or us.  You may terminate our Terms and Conditions at any time by notifying us that you no longer wish to use our Site and/or Services, or when you cease using our Site and/or Services.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of the Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site and/or Services (or any part thereof).

Intellectual Property

You acknowledge and agree that all copyright, designs, the “look and feel” of the Site and/or Services, trademarks and all other intellectual property and material rights relating to the Content and the Services as herein described shall remain at all times vested in Jibaro and/or are the property of their respective owners. All such content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site and the Services are protected by federal and state laws, common laws and regulations and international treaty provisions.  You are permitted to use the Content only as expressly authorized by Jibaro and/or its third party licensors.  Any reproduction or redistribution of the above listed content is prohibited and may result in civil and criminal penalties.  Violators will be prosecuted to the fullest extent permissible under applicable law.  Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. 

Entire Agreement

The failure of us to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.

The Terms and Conditions and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Site and/or 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 and Conditions).

Any ambiguities in the interpretation of the Terms and Conditions shall not be construed against the drafting party.

Governing Law

The Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Kentucky.

Changes to Terms and Conditions

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of our Terms and Conditions by posting updates and changes to our Site.  It is your responsibility to visit our Site periodically for changes.  Your continued use of or access to our Site and/or the Service following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.

Contact Information

You may contact us with any questions at info@JibaroPR.com or 513-580-8131.

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