AGREEMENT BETWEEN USER AND
JOHN SOULES FOODS, INC.
John Soules Foods, Inc. (“JSF Website”) website is owned, operated, and maintained by John Soules Foods, Inc., a Texas corporation located in Tyler, Texas (“JSF”).
ACCEPTANCE OF TERMS
The JSF Website and its related services are offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the JSF Website, including placing orders to purchase products from JSF, as available, constitutes your agreement to all such terms, conditions, and notices. Your use of a particular section of the JSF Website may also be subject to additional terms as set forth in such section (“Additional Terms”).
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular section of the JSF Website or with any terms included with any product purchased from JSF, then these terms shall control.
SITE LICENSE AND ACCESS
JSF grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of JSF. This license does not include any derivative use of this site or its contents or any use of data mining, robots, or similar data gathering and extraction tools.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of JSF and/or its affiliates without express written consent of JSF. You may not use any meta tags or any other “hidden text” utilizing JSF’s name or trademarks without the express written consent of JSF. Any unauthorized use terminates the permission or license granted by JSF.
You may not create a link to the JSF Website without express written permission of JSF. If permission is granted, such permission will consist of a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the JSF Website (www.johnsoulesfoods.com) so long as the link does not portray JSF, its affiliates, or their content, products, or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any JSF logo or other proprietary graphic or trademark as part of the link without express written permission of JSF.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the JSF Website, you will not use the JSF Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the JSF Website in any manner which could damage, disable, overburden, or impair the JSF Website (or the network(s) connected to the JSF Website) or interfere with any other party’s use and enjoyment of the JSF Website. You may not attempt to gain unauthorized access to the JSF Website, other accounts, computer systems or networks connected to the JSF Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the JSF Website.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the JSF Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the JSF Website. Where this provision, and only this provision unless stated otherwise herein, conflicts with an agreement between JSF and JSF’s business partners and customers (“Business Agreement”), the Business Agreement shall control.
JSF reserves the right to change the terms, conditions, and notices concerning use of the JSF Website without notice. You are responsible for regularly reviewing these terms and conditions and Additional Terms posted on other sections of the JSF Website. Your continued use of the JSF Website constitutes your agreement to all such terms, conditions, and notices.
JSF reserves the right, in its sole discretion, to terminate or limit your access to any or all of the JSF Website or any portion thereof at any time, without notice.
You must be at least 18 years of age to transact any business with JSF or to submit any Personal Information to JSF. As such, if you transact or attempt to transact any business with JSF or submit or attempt to submit any Personal Information to JSF, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF LEGAL MAJORITY IN THE JURISDICTION IN WHICH YOU ARE LOCATED, IF DIFFERENT) AND THAT YOU POSSESS THE LEGAL RIGHT TO USE THE JSF WEBSITE IN ACCORDANCE WITH THE STATED TERMS AND USAGE POLICIES. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or account(s) to access the JSF Website.
MATERIALS PROVIDED TO JSF
If you submit any feedback, suggestions, recipes or other communications (each a “Submission”and collectively “Submissions”) to the JSF Website or to JSF, you are granting JSF, its affiliated companies and its designees and sub licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. JSF is under no obligation to post or use any Submission you may provide and JSF may remove any Submission at any time in its sole discretion.
All trademarks and trade dress that appear on the JSF Website (“Trademarks”) are trademarks/trade dress or registered trademarks/trade dress of JSF (unless indicated otherwise) or its subsidiaries, in the United States and other countries.
The Trademarks are valuable assets of JSF and carry considerable goodwill and consumer acceptance of the goods and services sold under the Trademarks. Such goodwill has made the Trademarks distinctive to JSF and, as such, may only by used by JSF or other authorized persons or entities for the benefit of JSF and only in connection with the products and services authorized by JSF. Any unauthorized use of the Trademarks and/or any use of a mark or symbol that is likely to cause confusion among consumers or in any manner that disparages or discredits JSF, its affiliates, subsidiaries is strictly prohibited.
You may not use any of the Trademarks in any manner without the prior written consent of JSF. Any unauthorized use is expressly prohibited by law and violators will be prosecuted to the maximum extent possible according to applicable law, without notice.
All content that is made available to view and/or download in connection with the JSF Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, (“Content”) and software (“Software”), is owned by and is the copyrighted work of JSF and/or its suppliers and is protected by United States copyright laws and international treaty provisions. The compilation of all content on the JSF Website is the exclusive property of JSF and is protected by United States copyright laws and international treaty provisions. All Software used on this site is the property of JSF and/or its software suppliers and is protected by United States copyright laws and international treaty provisions.
Any reproduction or redistribution of the Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider’s Designated Agent.
Send notifications to:
City, ST 00000-0000
T: (000) 000-0000
MEMBER ACCOUNT, PASSWORD, AND SECURITY
Certain customers and partners of JSF may receive a password from JSF to access certain information on the JSF Website. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify JSF immediately of any unauthorized use of your account or any other breach of security. JSF will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by JSF or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder and JSF.
LINKS TO THIRD PARTY SITES
Any dealings by you with third parties (including advertisers) included within the JSF Website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. JSF shall not be responsible or liable for any part of any such dealings or promotions.
RISK OF LOSS FOR PURCHASES
All promotional items purchased from JSF, either through the JSF Website or by other means, are made pursuant to a shipment contract. Delivery of goods shall be the responsibility of the carriers selected by JSF. However, in the event that any goods shipped to you are damaged or lost, JSF shall issue you a prompt refund for the full amount of the goods damaged or lost. JSF’s liability is limited to the amount of the damaged or lost goods ordered and, therefore, does not extend to cover any direct, indirect, incidental or consequential damages resulting from the damage or loss of the goods. Please see DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY below for further information. All inquiries regarding damaged or lost goods should be directed to our Customer Service department.
PRODUCT WARRANTY INFORMATION
Parties other than JSF manufacture certain products offered on the JSF Website. The third party manufactured products often carry warranties from their manufacturer. Please check with the manufacturer of the product for complete details regarding any warranty the product may be covered under. Please see DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY below for further information.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE JSF WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE JSF WEBSITE AND TO THE INFORMATION THEREIN. JSF AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE JSF WEBSITE AT ANY TIME.
JSF AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS CONTAINED WITHIN THE JSF WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. JSF AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT JSF SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE JSF WEBSITE. YOU SPECIFICALLY AGREE THAT JSF IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT JSF IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE JSF WEBSITE BY ANY THIRD PARTY.
You agree to indemnify and hold JSF, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of the JSF Website and/or any information (text or graphical), software, or products obtained through the JSF Website and/or from JSF.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
It is the express will of the parties that this agreement and all related documents have been drawn up in English.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and JSF with respect to the JSF Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and JSF with respect to the JSF Website.
ELECTRONIC RECORDS AND COMMUNICATIONS
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you have any questions, comments, or concerns, please contact our customer service department, without charge, Monday through Friday via e-mail at Consumer Relations or by telephone at 1-800-338-4588.
John Soules Foods, Inc.
10150 FM 14
Tyler, TX 75706
PO Box 4579
Tyler, TX 75712