WEBSITE TERMS OF USE
Acceptance of Terms
These Terms of Use (“Terms”) are entered into by and between you
and J. D. SALES COMPANY (“Company,” “we,” or “us”) and govern your access to
and use of www.jdsalesco.com, including all content, functionality, technical
resources, and services offered on or through the Website (the “Website”).
By using the Website, you accept and agree to be bound by these
Terms and our Privacy Policy, incorporated herein by reference. If you do not
agree to these Terms, you must not access or use the Website.
This Website is intended for use by professionals in the
commercial HVAC, mechanical engineering, and construction industries. By using
this Website, you represent that you are 18 years of age or older and are
accessing the Website for professional, business, or informational purposes.
Changes to the Terms
We may revise these Terms at any time in our sole discretion.
Changes are effective immediately when posted. Your continued use of the
Website after modified Terms are posted constitutes acceptance of those
changes. You are expected to review this page periodically.
Accessing the Website
We reserve the right to withdraw, amend, or restrict access to all
or any part of the Website at any time without notice and without liability. We
are not responsible if the Website is unavailable for any reason at any time.
You are responsible for making all arrangements necessary to
access the Website and for ensuring that anyone who accesses the Website
through your internet connection is aware of and complies with these Terms.
Certain features, such as contact forms or mailing list sign-up, may require
you to provide information. All information you provide must be accurate,
current, and complete. Any information you provide is governed by our Privacy
Policy.
If you are provided with a username, password, or other
credentials as part of our security procedures, you must treat such information
as confidential and must not disclose it to any third party. You agree to
notify us immediately of any unauthorized access or use of your credentials.
Intellectual Property Rights
The Website and all of its contents, features, and functionality —
including text, technical data sheets, product specifications, software,
images, graphics, logos, and the design, selection, and arrangement thereof —
are owned by the Company, its licensors, or the respective product
manufacturers and are protected by applicable copyright, trademark, patent,
trade secret, and other intellectual property laws.
All brand, product, service, and process names appearing on this
Website are trademarks of their respective holders. Reference to or use of a
product, service, or process does not imply recommendation, approval,
affiliation, or sponsorship by the Company. Nothing herein shall be construed
as conferring any license or right under any patent, copyright, trademark, or
other intellectual property right except as expressly granted herein.
You are granted a limited, non-exclusive, revocable permission to
view, download, and copy material from this Website, provided that: (a) all
copyright and proprietary notices are retained; (b) the materials are not
publicly displayed, distributed, or modified, and no graphics are used
separately from accompanying text; and (c) any use is for informational,
non-commercial, or personal professional reference only.
Trademarks
The Company name, logo, and all related names, service names,
designs, and slogans are trademarks of the Company or its licensors. Product
names, trademarks, and logos of the manufacturers whose products we represent
are the property of their respective owners. No such marks may be used in
connection with any other product or service in any manner that is likely to
cause confusion or to disparage the owner. You must not use any such marks
without prior written permission from the respective owner.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance
with these Terms. You agree not to:
Use the Website in any way that violates applicable federal,
state, local, or international law or regulation.
Transmit any advertising, promotional material, spam, or
unsolicited communications.
Impersonate the Company, a Company employee, or any other person
or entity.
Attempt to gain unauthorized access to any portion of the Website
or its related systems or networks.
Use any automated means, including bots, scrapers, or crawlers, to
access or collect content from the Website without prior written consent.
Introduce viruses, malware, or other technologically harmful
material.
Interfere with or disrupt the integrity or performance of the
Website.
Use the Website or any content obtained from it for any purpose
that is unlawful or prohibited by these Terms.
Information Provided by You
Do not send any confidential or proprietary information to the
Company via this Website. You agree that any information you send will not be
considered confidential or proprietary on our end, and you grant the Company an
unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce,
and distribute any such information for the purpose of responding to your
inquiry or servicing your request.
Product Descriptions and Accuracy
On this Website, the Company may display and describe products it
represents. We attempt to accurately depict such products and their
specifications. However, we cannot guarantee that product descriptions, images,
specifications, pricing, or lead-time information on the Website will be
completely accurate, current, or error-free. For project-critical
specifications, always consult the current manufacturer data sheets, your
Company representative, or the relevant manufacturer directly.
Linking to and from This Website
You may link to our homepage in a manner that is fair, legal, and
does not damage our reputation. You may not establish a link that suggests any
affiliation, approval, or endorsement without our express written consent. You
may not deep-link or frame-link to any page without our written permission. We
reserve the right to withdraw linking permission at any time.
The Website may contain links to manufacturer websites, industry
resources, or other third-party websites. We have no control over the content
of those sites and accept no responsibility for them or for any loss or damage
arising from your use of them.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY MATERIALS OBTAINED
THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ALL CONTENT ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE
COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH
YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ITS CONTENT, INCLUDING BUT NOT
LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION
UNDER THE THEORIES OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE,
EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its
affiliates, and their respective officers, directors, employees, and agents
from and against any claims, liabilities, damages, judgments, losses, costs,
and expenses (including reasonable attorneys’ fees) arising out of or relating
to your violation of these Terms or your use of the Website.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with
the laws of the State of California, without giving effect to any choice of law
provision. Any legal action arising out of or related to these Terms or the
Website shall be instituted exclusively in the state or federal courts located
in Los Angeles County, California. You consent to the personal jurisdiction of
such courts.
Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to
these Terms or the Website shall be resolved through the following tiered
process before either party may pursue litigation:
Mediation. The
parties shall first attempt in good faith to resolve any dispute through
confidential mediation administered by JAMS in Los Angeles County, California,
in accordance with its then-current mediation rules. The mediation shall be
conducted by a single mediator mutually agreed upon by the parties. If the
parties are unable to agree on a mediator, JAMS shall appoint one. Each party
shall bear its own costs of mediation, and the parties shall share the
mediator’s fees equally. Either party may initiate mediation by providing
written notice to the other party describing the dispute.
Binding Arbitration. If the dispute is not resolved through mediation within sixty (60)
days after the initial mediation notice (or such longer period as the parties
may agree), either party may submit the dispute to final and binding
arbitration administered by JAMS in Los Angeles County, California, in
accordance with its Comprehensive Arbitration Rules and Procedures and applying
the laws of the State of California. The arbitration shall be conducted by a
single arbitrator. The arbitrator’s award shall be final and binding and may be
entered as a judgment in any court of competent jurisdiction, including the
courts identified in the Governing Law and Jurisdiction section above.
Exceptions. Notwithstanding
the foregoing, either party may seek injunctive or other equitable relief in
any court of competent jurisdiction to prevent the actual or threatened
infringement, misappropriation, or violation of intellectual property rights or
confidential information. Nothing in this section shall prevent the Company
from pursuing claims in small claims court if the dispute qualifies.
Supplemental Terms and Future
Features
The Company may from time to time introduce additional features,
services, or functionality on the Website, including but not limited to social
media integrations (such as LinkedIn or YouTube), e-commerce capabilities,
interactive tools, user account portals, or other online services. Any such
features may be governed by supplemental terms and conditions, which will be
posted in connection with those features and are hereby incorporated into these
Terms by reference. To the extent any supplemental terms conflict with these
Terms, the supplemental terms shall control with respect to the applicable
feature or service. Your use of any such additional feature constitutes
acceptance of the applicable supplemental terms.
Waiver and Severability
No waiver by the Company of any term or condition shall be deemed
a further or continuing waiver. If any provision is held invalid, illegal, or
unenforceable, it shall be modified to the minimum extent necessary to be
enforceable, and the remaining provisions shall continue in full force and
effect. The parties expressly intend that no provision shall be declared void
or unenforceable.
Entire Agreement
These Terms of Use, our Privacy Policy, and any other documents
expressly incorporated by reference constitute the entire agreement between you
and the Company regarding the Website and supersede all prior understandings,
agreements, and representations.
Contact Information
All feedback, questions, and communications relating to this
Website should be directed to:
J. D. SALES COMPANY
122 Penn Street, El Segundo, California
Email: info@jdsalesco.com
Website: www.jdsalesco.com
