Terms and Conditions
JWR DESIGN, Inc., PROVIDES WWW.JWRDESIGN.COM WEBSITE (THE “SITE”) AND ALL SITE-RELATED PRODUCTS AND SERVICES SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BELOW AND ANY AND ALL MODIFICATIONS THERETO (THE “TERMS AND CONDITIONS” OR “AGREEMENT”). PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. BY USING THE SITE OR PURCHASING ANY SITE-RELATED PRODUCTS OR SERVICES, YOU ARE DEEMED TO HAVE EXPRESSLY AGREED TO THE TERMS AND CONDITIONS. IN ADDITION, WHEN USING PARTICULAR SITE-RELATED PRODUCTS OR SERVICES, YOU SHALL BE SUBJECT TO ANY POSTED GUIDELINES OR RULES APPLICABLE TO SUCH PRODUCTS OR SERVICES WHICH MAY BE POSTED FROM TIME TO TIME. ALL SUCH GUIDELINES OR RULES ARE HEREBY INCORPORATED BY REFERENCE IN THE TERMS AND CONDITIONS.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
You must be at least 18 years old to access and use the Site and the Site-related products and services. The Site is not intended to be a children’s site.
You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s account sign-up form and any other form on the Site and/or any Site representative (such information being the “Account Registration Data”) and (b) maintain and promptly update the Account Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or JWR Design, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, JWR Design, Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Site and the Site-related products or services (or any portion thereof).
The Site and Site-related services may contain links to websites operated by third parties (“Linked Sites”). Linked Sites are not, however, reviewed, controlled or examined by JWR Design, Inc. in any way and you acknowledge and agree that JWR Design, Inc. and its sponsors are not responsible for the content, availability, advertising, products or other materials of any such Linked Sites or any additional links contained therein or for the actions of any such Linked Sites or any users of any such Linked Sites. In addition, it is your sole responsibility to comply with the appropriate terms of service of the Linked Sites, as well as with any other obligations under any laws, including, without limitation, copyright, defamation, decency, privacy, security and export laws, related to the use of the Linked Sites and any content available on or through such Linked Sites. You further acknowledge and agree that JWR Design, Inc. and its members, directors, officers, employees and agents shall not be liable, directly or indirectly, to any party for any damage or loss caused or alleged to be caused by or in connection with the creation of, use of or reliance on the Linked Sites, any content, advertising, products or other material available on or through the Linked Sites or any additional links contained therein, or the actions of any such Linked Sites or any users of any such Linked Sites. You should direct any concerns that you may have regarding a Linked Site or user thereof to that site’s administrator or webmaster.
Void Where Prohibited
Although the Site is accessible worldwide, not all products or services discussed or referenced in or on the Site are available to all parties or in all geographic locations or jurisdictions. JWR Design, Inc. reserves the right to limit the availability of the Site and/or the provision of any Site-related products or services to any party, geographic area or jurisdiction it so desires, in its sole discretion, and to limit the quantities of any such products or services that it provides. Any offer for any products or services made on the Site is void where prohibited.
All house plans purchased from JWR Design, Inc. are designed to comply with the International Residential Code (IRC) and to the local codes in the area where the designer resides or where the house was built.
Every state, county or municipality will have its own building and code requirements. It is possible that your plan may need to be modified to comply with these local requirements. This is particularly true in coastal areas and those facing seismic events, extreme winds, steep slopes and heavy snow. If you are building in any of these areas, it is likely that a licensed structural engineer will be needed to provide the necessary calculations and additional drawings. RBT authorizes the use of our plans conditioned on your obligation and agreement to strictly comply with all local building codes, ordinances, regulations and requirements, including permits and inspections at the time of and during construction. We recommend checking with your local building department for the most current requirements.
All pre-drawn plans from JWR Design, Inc. to Build Homes do not carry a stamp from a licensed architect. If this is a requirement from your local building department, you will need to hire an architect or engineer to review and stamp the plans.
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
PURCHASES AND PAYMENT
YOU CAN USE EITHER OF THE FOLLOWING PAYMENT METHODS:
- Debit & Credit Card at Checkout (Mastercard, Visa) to make your payments safe, secure, and easy. Please note that all of our prices are listed in USD and your card will be charged in your respective currency.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time.
If I forget to add something, can you charge my card?
Once your order is placed we are only able to refund your order. We are not able to add charges to your card for security purposes.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. 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 payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Intellectual Property Rights
All materials contained within the Site and the Site-related products or services are protected by U.S. and international copyright law, trademark law and other intellectual property laws and conventions. Without limiting the generality of the foregoing, (a) all materials contained within the Site and the Site-related services are the copyrighted property of JWR Design, Inc. unless a different copyright holder is identified in those materials; (b) all trademarks appearing on the Site are the property of JWR Design, Inc. and no other party may use said marks without the express written permission of JWR Design, Inc.; and (c) as between JWR Design, Inc. and you, JWR Design, Inc. is the sole owner of all Content within the Site and the Site-related products and services, including without limitation, all U.S. and international copyrights, trademarks and other intellectual property rights thereto. Except as otherwise specifically provided in the Terms and Conditions, you may not download or save a copy of the Site, any portion of the Site, or any Content within the Site, for any purpose whatsoever. Furthermore, all title and intellectual property rights in and to the materials contained within the Linked Sites is the property of the respective owner of said materials and may be protected by applicable copyright or other intellectual property laws.
Note, that you may download material displayed on the Site for non-commercial, personal use only, provided that you also (a) retain all copyright, trademark and other intellectual property notices contained on the material; (b) do not modify any portion of the material; and (c) retain all attribution with respect to the material (e.g., the link to the page within the Site that contains the material).
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE SITE, ANY PRODUCTS PURCHASED THROUGH THE SITE, ANY SITE-RELATED SERVICES AND THE CONTENT UPLOADED, POSTED OR OTHERWISE TRANSMITTED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THE TERMS AND CONDITIONS. JWR Design, Inc. MAKES NO WARRANTY THAT THE SITE, THE SITE-RELATED PRODUCTS AND SERVICES, OR THE CONTENT UPLOADED, POSTED OR OTHERWISE TRANSMITTED ON OR THROUGH THE SITE, WILL MEET YOUR REQUIREMENTS, OR THAT THE FOREGOING AND YOUR ACCESS TO AND USE OF ANY OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, ACCURATE, RELIABLE, ERROR-FREE, OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SITE-RELATED PRODUCTS AND SERVICES (INCLUDING, WITHOUT LIMITATION, THE LINKED WEBSITES).
YOU ACKNOWLEDGE AND AGREE THAT JWR Design, Inc. ITS SPONSORS, ITS THIRD PARTY CONTENT PROVIDERS AND LICENSORS, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS ARE NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR DATA) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE TERMS AND CONDITIONS, THE SITE AND THE SITE-RELATED PRODUCTS AND SERVICES (INCLUDING, WITHOUT LIMITATION, THE LINKED WEBSITES), IMPLEMENTATION OF ANY SITE-RELATED PRODUCTS, AND/OR ANY CONTENT UPLOADED, POSTED, OR OTHERWISE TRANSMITTED ON OR THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT JWR Design, Inc. IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE SITE-RELATED PRODUCTS OR SERVICES AND/OR ANY CONTENT UPLOADED, POSTED OR OTHERWISE TRANSMITTED ON OR THROUGH THE SITE IS TO STOP USING THE SITE AND/OR THOSE PRODUCTS OR SERVICES.
You agree to defend, indemnify and hold harmless JWR Design, Inc. its sponsors, its third party content providers and licensors, and its and their respective shareholders, members, directors, officers, employees and agents from and against any and all claims, actions, suits, proceedings, judgments, damages, losses, liabilities, costs and expenses (including, without limitation, reasonable attorney’s fees) arising directly or indirectly out of or in connection with (a) your breach of the Terms and Conditions, (b) any Content uploaded, posted or otherwise transmitted by you on or through the Site or that you otherwise provide to JWR Design, Inc. and/or (c) your activities in connection with the Site or any Site-related products or services.
Before Making Purchases
You acknowledge that there is important information to consider before purchasing any Site-related products or services. You acknowledge that you have familiarized or will familiarize with the process of purchasing the types of products and services available on the Site, including, without limitation, by consulting your local building department, builder, architect, engineer or other construction professional.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Site to advertise or offer to sell goods and services.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Engage in unauthorized framing of or linking to the Site.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Attempt to impersonate another user or person or use the username of another user.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and the Marketplace Offerings and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, ratite, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information. (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
Use of Secure Area and Password
Use of any password-protected area of the Site is restricted to the individual who has been given permission and a password to enter such area (the “Authorized Party”). The password cannot be distributed to others, and the Authorized Party is responsible for any and all damages to JWR Design, Inc. resulting from the distribution of the Authorized Party’s password. If more than one individual wishes to use a single password belonging to an Authorized Party, such Authorized Party must request permission from JWR Design, Inc. in writing, it being understood that JWR Design, Inc. shall be under no obligation to approve any such request.
JWR Design, Inc. shall have the right at any time and for any reason, in its sole discretion, to: (a) modify this Agreement; (b) modify the Site and the Site-related products and services (including, without limitation, removing, eliminating or discontinuing any Content or feature thereof, restricting the hours of availability, or limiting the amount of use permitted); (c) modify any fees or charges for use of the Site, including, without limitation, instituting new or increased fees or charges for the use of the Site or any Site-related products or services or any feature thereof; and/or (d) modify pricing published on the Site for Site-related products or services.
Such modifications shall be deemed effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, electronic mail or conventional mail. Your use of the Site and the Site-related products or services after such modifications shall be deemed to constitute your acceptance of such modifications. You are expected to review this Agreement periodically to ensure familiarity with the most current version, available online. You agree that JWR Design, Inc. shall not be liable to you or to any third party for any such modification.
JWR Design, Inc. shall have the right, at any time and for any reason, in its sole discretion and with or without notice, to immediately terminate (in whole or in part) the Terms and Conditions, any party’s access to and use of the Site, any party’s access to and use of any portion of the Site (including, without limitation, any material from or displayed on the Site), any Site user’s password(s) or account(s), and the right of any licensee or purchaser of any Site-related products or services to use such purchased Sited-related products or services (including, without limitation, in the event of any conduct by any such party, user, licensee or purchaser that JWR Design, Inc deems unacceptable, inappropriate or offensive or any breach by any such party, user, licensee, or purchaser of the Terms and Conditions or any applicable law). You agree that JWR Design, Inc. shall not be liable to you or to any third party for any such termination.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in United States, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. The full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
This Agreement is entered into in the State of Washington, and shall be governed by and construed in accordance with the laws of the State of Washington, exclusive of its choice of law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and county courts sitting in Whatcom County in the State of Washington, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and reasonable attorney’s fees. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Further, any specific rights or remedies of JWR Design, Inc. provided in this Agreement shall not be exclusive but shall be cumulative upon all rights and remedies that may be available to JWR Design, Inc. whether provided by applicable law, in any other agreement between the parties, or otherwise.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. Notwithstanding the foregoing, additional terms and conditions will apply if and when you purchase Site-related products or services, as well as if you have a signed written agreement with JWR Design, Inc. which additional terms and conditions are hereby incorporated by reference in, made a part of, and supplement, this Agreement. Such additional terms and conditions are available at check-out. You may also be subject to additional terms and conditions that may apply if and when you use third party Content, products or services. No waiver by JWR Design, Inc. of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default; and no such waiver by JWR Design, Inc. of any breach or default hereunder will be valid or binding unless set forth in writing and duly executed by JWR Design, Inc.. You may not assign, delegate or otherwise transfer this Agreement or any of your rights and obligations hereunder without JWR Design, Inc.’s prior written consent. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. Furthermore, this Agreement shall be binding upon and inure to the benefit of your successors and assigns.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us via email: firstname.lastname@example.org
Call us: (360) 354-0333
AVAILABILITY: Mon-Fri 08:00 AM – 06:00 PM EST
Address: 104 Front Street, Lynden, WA 98264 – United States