POLICIES
These terms and conditions of use
apply to and govern your use of this website (the "Site") and your
purchase of any item thereon. Your use of the Site signifies your agreement to
be bound by these terms and conditions. If you do not agree to be bound by these
terms and conditions of use, you may not access or otherwise use the Site.
JoeJude Enterprises' privacy policy addresses JoeJude Enterprises' use and
release of information collected from your use of the Site. It is our policy not
to disclose, sell or rent any collected email addresses, names or any other
personal information unless required to do so by an acceptable authority.
This agreement also explains your rights regarding
the purchase/sale of any item from this website. This is a legally binding
contract between you and JoeJude Enterprises once you choose to purchase
any item from, or any item on, this website.
GENERAL
These terms are
interchangeable: JoeJude Enterprises, the company, the sole proprietor, J.
Meintjes, website owner, the partner/s of JoeJude Enterprises, the Incorporation
of JoeJude Enterprises.
These terms signify both singular and plural as well
as masculine and feminine, meaning you as the user of this website and/or the
reader of all / any of the pages that make up this website, or the purchaser of
any item from this website: He, she, him, her, you.
The term 'item' signifies any item whether hand-made
or custom-made supplied for sale by JoeJude Enterprises and includes, pieces of
Furniture for indoor or outdoor use, Bar Stools, Bars, Thatch Umbrellas,
Bamfaux, or any
other item for sale on this website that might be added in the future.
The term 'order' signifies any Purchase made
by a customer (you) and requested of JoeJude Enterprises, whether or not a
Purchase Order is required. If a Purchase Order is required by you, then it is
your responsibility to ensure a copy is sent to JoeJude Enterprises before your
order is started. With or without a purchase order the company placing the order
whether or not the buyer of said company had permission and/or authority to do
so, or if it is a personal order then the individual concerned, will be held responsible for
ensuring full payment to JoeJude Enterprises once, and if, manufacturing has
started.
This Site might contain trademarks protected under
United States and International Trademark laws. Use of such marks without the
written permission of the owner of these trademarks is strictly prohibited. This
law also applies to Copyrights, Patents, Registered marks and Names.
All headings and subheadings are for reference
purposes only.
The terms Purchaser and Buyer and Customer are
interchangeable.
All materials contained in this Site are subject to
the ownership rights of JoeJude Enterprises.
We, JoeJude Enterprises, reserve all rights not
expressly granted here.
WEBSITE TERMS AND CONDITIONS OF
USE and
CONTRACT BETWEEN PURCHASER AND JoeJude Enterprises
License to Use the Site
JoeJude
Enterprises grants you a non-exclusive, non-transferable, limited right to
access, use and display the Site and the materials thereon for your personal use
only, provided that you comply fully with these terms and conditions of use. You
shall not interfere or attempt to interfere with the operation of the Site in
any way through any means or device including, but not limited to, spamming,
hacking, uploading computer viruses or time bombs, or other means expressly
prohibited by any provision of these terms and conditions of use.
Changes
to Terms and Conditions
JoeJude Enterprises reserves the right, at its
sole discretion, to change, modify, add or remove any portion of these terms and
conditions of use, in whole or in part, at any time. Changes to these terms and
conditions of use will be effective when posted. You agree to review these terms
and conditions of use periodically to be aware of any changes. Your continued
use of the Site after any changes to these terms and conditions of use are
posted, will be considered acceptance of those changes.
Ownership;
Restrictions
JoeJude Enterprises owns, controls, licenses or has the
right to use and provide the Site and all material on the Site, including
without limitation text, images, articles, photographs, illustrations, audio and
video clips, (collectively the "Content"). The Site is protected by
copyright as a collective work and/or compilation, pursuant to U.S. copyright
laws, international conventions, and other copyright laws. JoeJude Enterprises
is the owner of the copyright of the entire Site. JoeJude Enterprises owns a
copyright in the selection, coordination, arrangement and enhancement of the
Site. You agree to abide by any and all copyright notices, information or
restrictions, whether or not they are displayed on the Site.
You may not
modify, create derivative works from, participate in the transfer or sale of,
post on the World Wide Web, or in any way exploit the Site or any portion
thereof for any public or commercial use without the express written permission
of JoeJude Enterprises. You may download one (1) copy of Content from the Site
for your personal use, provided that you maintain all copyright, attribution and
other notices contained in such Content, including without limitation trademarks
and service marks of JoeJude Enterprises or the copyright holder identified in
the individual Content's copyright notice. You acknowledge that you do not
acquire any ownership rights by downloading copyrighted material. You are
responsible for complying with all applicable laws, rules and regulations
regarding your use of any such downloaded Content. In the event of any permitted
copying, redistribution or publication of material from the Site, no changes in
or deletion of author attribution, trademark, legend or copyright notice shall
be made.
Changes to Site or Content
JoeJude Enterprises shall
have the right for any reason, in its sole discretion, to terminate, change,
suspend or discontinue any aspect of the Site, including but not limited to
Content, features, or hours of availability. JoeJude Enterprises may also impose
limits on certain features and services or restrict your access to parts or all
of the Site without notice or liability.
Web Colors
Because colors on the web vary between
browsers, and between monitors, and between room lights, and might depend on
time of day, JoeJude Enterprises will not be held responsible for your
assumption that the web colors are the colors you require. If you have a
specific hue, shade, or color in mind then either send a color swatch, to which
we shall adhere to the best of our ability, or ask for a sample in the color you
want to order. Without prior knowledge that you require a specific color you
must accept the color or shade we supply. If this is not acceptable or you wish
to contend colors after acceptance of the product your only option is to return
the product and ask that we change the color to your liking, for which you will
pay freight in both directions plus extra costs to comply with your wishes. You
may not return the product for a refund under these circumstances.
Acceptable Use Policy
As
a condition of your use of this Site, you warrant to JoeJude Enterprises that
you:
- Will only use this Site for lawful purposes in
accordance with our terms and conditions.
- Agree with our online privacy policy.
- Agree to honor our intellectual property rights.
- Agree to provide us with accurate information as
necessary for the proper conduct of electronic commerce through our Site and to
take responsibility for the information you provide.
- Acknowledge that we may be unable to process and
shall have no responsibility to process transactions, the accuracy of which we
cannot validate.
- Agree not to create a link (other than personal
"bookmark" or "favorites" entry) to our Site without first
obtaining our written (or electronic = email) permission.
- Will refrain from using profane, vulgar,
inflammatory, libelous, or similarly discourteous language in any email or form
entry created through this Site.
Indemnification
You shall indemnify,
defend and hold harmless JoeJude Enterprises, its parent, subsidiary and other
affiliated entities, and all their officers, directors, owners, agents,
employees, content providers, affiliates, licensors and licensees (collectively,
the "Indemnified Parties") from and against any and all losses,
damages, liabilities, and claims plus all fees, costs, expenses, of any kind
related thereto (including, without limitation, reasonable attorneys' fees)
incurred by the Indemnified Parties in connection with any claim arising out of,
based upon or resulting from your use of the Site. JoeJude Enterprises reserves
the right, at its own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you and you shall not in any
event settle any matter without the written consent of JoeJude Enterprises.
Further, before beginning any proceedings against JoeJude Enterprises, you must
put in trust an amount of $100,000 (one hundred thousand dollars), payable to
JoeJude Enterprises and their legal council which will pay for any fees arising
out of aforesaid disagreement.
Links to Other Websites
The Site
may contain links and pointers to other World Wide Web Internet sites,
resources, and sponsors. Links to and from the Site to third party sites,
maintained by third parties, does not constitute an endorsement by JoeJude
Enterprises or any of its parent companies, subsidiaries and affiliates, of any
third party resources or their contents. Links do not imply that JoeJude
Enterprises or the Site sponsors are affiliated or associated with or are
legally authorized to use any trademark, trade name, logo or copyright symbol
displayed in or accessible through the links, or that any linked sites are
authorized to use any trademark, trade name, logo or copyright symbol of JoeJude
Enterprises or any of its affiliates. You should direct any concerns regarding
any external link to its site administrator or webmaster. JoeJude Enterprises
does not represent or endorse the accuracy or reliability of any advice,
opinion, statement, or any other information displayed or distributed through
the Site. You acknowledge that any reliance upon any such opinion, advice,
statement, memorandum, or information shall be at your sole risk. JoeJude
Enterprises reserves the right, in its sole discretion, to correct any errors or
omissions in any portion of the Site.
Disclaimer of Warranties and
Damages; Limitations of Liability
The site, including all content,
software, functions, materials and information made available on or accessed
through the site, is provided on an "as is", "as available",
basis without representations or warranties of any kind whatsoever express or
implied, including without limitation, non-infringement, merchantability or
fitness for a particular purpose. Neither JoeJude Enterprises nor its content
providers warrant that the functions, features or content contained in the site
will be uninterrupted or error free, that defects will be corrected, or that any
other site or the server that makes it available is free of viruses or other
harmful components; nor do they make any warranty or representation as to the
accuracy or reliability of the site, the content thereof, the materials,
information and functions made accessible by the software used on or accessed
through the site, any products or services or hypertext links to third parties
or for any breach of security associated with the transmission of sensitive
information through the site or any linked site. JoeJude Enterprises and its
parent companies, subsidiaries and affiliates make no warranties and shall not
be liable for the use of the site, including without limitation, the content and
any errors contained therein, under any direct or indirect circumstances,
including but not limited to JoeJude Enterprises' negligence. If you are
dissatisfied with the site or any materials on the site, your sole remedy is to
discontinue using the site.
Under no circumstances shall JoeJude
Enterprises, its subsidiary companies, its parent companies, subsidiaries,
affiliates or content providers be liable for any special, incidental or
consequential damages that are directly or indirectly related to the use of, or
the inability to use, the content, materials and functions in the site,
including without limitation loss of revenue or anticipated profits or lost
business, even if such entities, or an authorized representative thereof, have
been advised of the possibility of such damages. Some states do not allow the
exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. In no event shall the total
liability to you, of JoeJude Enterprises and its subsidiary companies, its
parent companies, subsidiaries and affiliates, for all damages, losses, and
causes of action (whether in contract or tort, including, but not limited to,
negligence or otherwise) arising from these terms and conditions of use or your
use of the site exceed, in the aggregate, $100 (one hundred dollars).
JoeJude
Enterprises' Right to Materials Provided by Users
JoeJude
Enterprises welcomes your comments regarding our merchandise and services,
including the Site. However, any or all material and information provided by you
to the Site may be included in a database owned by JoeJude Enterprises and its
subsidiaries and affiliates, in which we have rights and interest, including but
not limited to, the compilation copyright. We reserve the right to use any
information or materials you provide to us or that we obtain through your use of
the Site to the fullest extent permitted by law.
By posting messages,
uploading files, inputting data or engaging in any other form of communication
(individually or collectively "Communications") to or within the Site,
you grant to JoeJude Enterprises a perpetual, worldwide, irrevocable,
unrestricted, non-exclusive, royalty-free license to use (including use for
promotional and advertising purposes), copy, license, sublicense, adapt,
distribute, display, publicly perform, reproduce, transmit, modify, edit and
otherwise exploit such communications and any ideas or original materials
contained in such communications, in all media now known or hereafter developed.
This grant shall include the right to exploit any and all proprietary rights in
such communications including, without limitation, any and all rights under
copyright, trademark, service mark or patent laws under any relevant
jurisdiction. You waive all rights you may have to inspect and/or approve of any
use by JoeJude Enterprises of any material or idea submitted by you in any
communications or receive any compensation for such use. You waive all rights to
any claim against JoeJude Enterprises for any alleged or actual infringements of
any proprietary rights, rights of privacy and publicity, moral rights, and
rights of attribution in connection with such communications. You agree and
understand that JoeJude Enterprises is under no obligation to use any material
or ideas submitted by you in any communications in any way whatsoever.
No
Responsibility for Transmitted Material
You acknowledge that
transmissions to and from this Site are not confidential and your communications
may be read or intercepted by others. You acknowledge that by submitting
communications to JoeJude Enterprises or the Site, no confidential, fiduciary,
contractually implied or other relationship is created between you and JoeJude
Enterprises or any JoeJude Enterprises' affiliate or subsidiary, other than
pursuant to these terms and conditions of use. JoeJude Enterprises shall not be
responsible for the payment of any monies to any party in connection with
JoeJude Enterprises' use of communications submitted by you to the Site.
Merchandise
Pricing
All prices displayed on this Site are quoted in U.S. Dollars and
are valid and effective only in the United States. Any discounts offered and
accepted are solely on a per-job basis. Sales tax is payable by buyers residing
in the state of Florida.
Shipping and Delivery
JoeJude Enterprises
will supply all the necessary parts and initial labor in constructing the items
for sale as depicted on the site. As a cost-saver to the buyer, JoeJude
Enterprises may deliver to the depot of your Trucking / Freight company in the
Ocala, Gainesville, Jacksonville area once your request has been received and
accepted and your check for item sold has been cleared from the bank, for
further shipping to customer's shipping address. Shipping and delivery is a
contract or agreement between the customer's chosen Trucking / Freight company
and the customer. JoeJude Enterprises is not involved in this agreement except
to deliver item to their depot in the Ocala, Gainesville, Jacksonville area or
request collection at our address, the decision and choice being solely that of
JoeJude Enterprises.
Installation
Installation of any item is a
separate agreement between JoeJude Enterprises and the customer. JoeJude
Enterprises will supply the necessary parts and erection instructions, if
necessary, of the item purchased, broken down for shipping and delivery
purposes, and once received by the customer, JoeJude Enterprises' liability
ceases. These parts need to be re-attached and re-assembled to obtain the
finished product. The construction and installation responsibility now falls to
the customer, however JoeJude Enterprises strongly suggests that two (2) people
with power tool knowledge and experience do the final installation and
compilation of the item.
If the buyer wishes to involve JoeJude Enterprises
in the erection and/or installation of any bought item (bar), this will be an
additional agreement between the buyer and JoeJude Enterprises.
It is the responsibility of the buyer to comply with and/or obtain permission,
and/or certificates and/or permits and/or all necessary paperwork, of all laws
and bylaws of the county and state, and development and/or other authority, in
which the buyer wishes the bought item to be erected. The buyer will hold
JoeJude Enterprises blameless from any non-compliance with any of these laws,
bylaws, rules, etc.
PLEASE NOTE: The various sections of a bar
are heavy. Please take all precautions to prevent injury. After delivery JoeJude
Enterprises accepts no responsibility whatsoever for the erection and
installation of any bought item.
Custom Made Items
An additional agreement
(Invoice) between the customer and JoeJude Enterprises will be necessary if any item needs
to be custom made or major changes are requested. An invoice depicting the order
and any changes/alterations will be deemed accepted by the buyer when payment is
made and accepted, whether in full or part. The invoice and this agreement forms
the full and sole agreement between the parties.
Non-United States
Residents
JoeJude Enterprises makes no representation that materials on
the Site, including merchandise offered for sale on the Site and their
copyrights, trademarks, patents, and licensing arrangements, are appropriate or
available for use in locations other than the United States. Those who choose to
access this Site from other locations outside of the U.S. do so on their own
initiative and are responsible for compliance with local laws, if and to the
extent local laws are applicable.
General Provisions
These
terms and conditions of use shall be governed by and construed in accordance
with the laws of the State of Florida, without regard to conflicts of laws
provisions. The sole and exclusive jurisdiction for any action or proceeding
arising out of or related to these terms and conditions of use shall be an
appropriate State or Federal court located in Putnam County in the State of
Florida and you hereby irrevocably consent to the jurisdiction of such courts.
If for any reason a court of competent jurisdiction finds any provision of these
terms and conditions of use, or portion thereof, to be unenforceable, that
provision shall be enforced to the maximum extent permissible so as to effect
the intent of these terms and conditions of use, and the remainder of these
terms and conditions of use shall continue in full force and effect.
These terms and conditions of use, including any
Invoice depicting an order and for which payment is received in full or part, constitute the
entire agreement between you and JoeJude Enterprises with respect to the subject
matter hereof, and supersede all previous written or oral agreements between the
parties with respect to such subject matter. No waiver by either you or JoeJude
Enterprises of any breach or default hereunder shall be deemed to be a waiver of
any preceding or subsequent breach or default.
Payment
Prices quoted exclude Crating and Packaging
and Handling and Shipping and these will be charged for separately.
Payment in full is expected at time of order. Once monies have cleared the bank,
the order process will be started. Orders over $10,000 (ten thousand dollars) may be
made in two payments of 50% (fifty percent or half of total) at time of order,
and 50% (fifty percent or balance of order) before delivery or collection is
arranged with a Carrier Company. Once purchaser has been notified by email that
the order is complete, purchaser will be given 10 days to make final payment
and, if necessary, organize collection of order, after which JoeJude Enterprises
will retain order in full, including any payments made to date and defer all
items to stock and cash to bank account as payment for inconvenience and
storage.
Copyright.
Last changes made on November 4th, 2008 by JoeJude Enterprises. All Rights Reserved.
|
