Terms of Use

TERMS OF USE

Welcome to (this "Site"). This Site is provided by Jackal Jaw, LLC. Jackal Jaw is a recognized brand using innovative design and superior technology to provide greater protection and enhanced performance for players who are passionate about their sports.

Your Acceptance of These Conditions of Use

The following Terms of Use (these "Terms of Use") are the basic terms and conditions that govern your use of this Site. Please note that your use of this Site constitutes your agreement to follow and be bound by these Terms of Use. If you do not agree to these Terms of Use, please exit this Site immediately and do not use or purchase products from this Site.

Questions Concerning These Conditions of Use

If you have any questions or concerns regarding these Terms of Use, please contact us by by sending us an e-mail (stel@jackaljaw.com).

These Terms of Use are effective as of November 1, 2022.

These Terms of Use May Change.

We reserve the right to update or modify these Terms of Use, at any time and without prior notice, by posting the revised version of these Terms of Use on this Site. These changes will be effective as of the date we post the revised version of these Terms of Use on this Site. Your use of this Site following any such change constitutes your agreement to be bound by the revised Terms of Use.

You may access the current version of these Terms of Use at any time by clicking on the link marked "Terms of Use" on the bottom of each page of this Site.

Ownership, Copyright, and Trademark Matters

This Site and all of its content, including, for example, all of the text, images, illustrations, graphics, audio clips, and video clips, are protected under trademark, trade dress, copyright and other intellectual property laws and all of the rights in the Site and its content are owned by Jackal Jaw, LLC. The entire content of this Site is copyrighted as a collective work under U.S. and international copyright laws and treaties.

You may not, under any circumstances, (a) modify the information on this Site or use it for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble any part of this Site or its content; or (c) remove any copyright, trademark registration, or other proprietary notices from the information. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner or form except as expressly provided above without first obtaining written permission from Jackal Jaw, LLC. The use of any materials from this Site on any other website or networked computer environment is prohibited.

The trademarks and service marks used or displayed on this Site ("Trademarks") are registered and unregistered trademarks of Jackal Jaw, LLC. Nothing on this Site may be construed as granting -- by implication, estoppel, or otherwise -- any license or right to use any Trademarks displayed on the site without the prior express written permission of Jackal Jaw, LLC. In particular, you may not use any Trademark displayed on this Site as a "hot" link without the prior written approval of the trademark owner.

Privacy Notice

Our Online Privacy and Security Policy is part of and is incorporated in these Terms of Use. 

Your Comments, Product Reviews and Other Submissions

We welcome your comments regarding this Site and encourage you to submit reviews of products you have used. Please note, however, any comments, feedback, suggestions, product reviews or other communications sent to us shall be and remain the exclusive property of Jackal Jaw, LLC. Your submission of Reviews will constitute an assignment to Jackal Jaw, LLC of all worldwide rights, title and interests in all copyrights and other intellectual property rights in the Reviews.

Jackal Jaw, LLC will be entitled to copy, disclose, display or perform publicly, any Reviews you submit for any purpose whatsoever, without restriction and without compensating you in any way. Jackal Jaw, LLC will also be entitled to reduce to practice, use, and improve upon any ideas that you submit to us in any Reviews for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Reviews that you do not wish to assign to us, including any confidential information, product ideas, inventions, or original artwork.

Product Details

Description. We cannot assure you all of the product information displayed on the Site is 100% accurate. The actual item should be considered the authoritative source of all information with respect to the item. If a product does not conform to its description on this Site, your sole remedy will be to return it to us in accordance with our Returns Policy.

Color. Colors are represented as realistically as possible, but color variations of product images or color swatches are outside of our control because software, hardware and Internet connections can alter the appearance of colors. If you are unsatisfied with a product, your sole remedy will be to return it to us in accordance with our Returns Policy.

Corrections. The information published on this Site may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have placed your order). These errors, inaccuracies or omissions may be related to product description, pricing and availability. If we discover that pricing information posted on our Site is incorrect, we reserve the right not to fill orders at the incorrect price. We apologize for any inconvenience this may cause.

Information on This Site Is Not Medical Advice

Neither the information published on this Site, including product descriptions, nor the information provided on any product label or packaging are intended as a substitute for advice from your physician, physical therapist, or other healthcare professional. You should not use the information on this site or provided with any product for diagnosis or treatment of any health problem or for prescription of any therapy or other treatment. 

 

Risk of Loss

All items purchased through this Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

DISCLAIMERS

THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, JACKAL JAW, LLC AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SITE, ITS CONTENTS, AND THE PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JACKAL JAW DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) WITH RESPECT TO ANY MERCHANDISE OFFERED ON THIS SITE (THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED); (C) RELATING TO THE SECURITY OF THE SITE; (D) THAT THE INFORMATION ON THIS SITE, INCLUDING PRODUCT DESCRIPTIONS, IS ACCURATE, COMPLETE OR CURRENT OR THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR (E) THAT THE CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF WARRANTIES SET FORTH ABOVE, SO THIS LIMITATION OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, SHALL JACKAL JAW, LLC OR ITS AFFILIATES, OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE, ANY CONTENT PUBLISHED ON THIS SITE (INCLUDING PRODUCT DESCRIPTIONS AND REVIEWS), OR ANY PRODUCTS OR SERVICES PROVIDED OR PURCHASED THROUGH THIS SITE. YOUR SOLE REMEDY IF YOU ARE NOT SATISFIED WITH ANY PRODUCT MADE AVAILABLE THROUGH THIS SITE IS TO RETURN THE PRODUCT TO US IN ACCORDANCE WITH OUR RETURNS POLICY.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF JACKAL JAW, LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF JACKAL JAW, LLC UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TWENTY FIVE DOLLARS ($25.00).

 

Interpretation

As used in these Terms of Use, the term "including" means "including, but not limited to."

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Jackal Jaw, LLC of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

Governing Law, Jurisdiction 

These Terms of Use shall be governed under the laws of the State of New York without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use shall be venued exclusively in state or federal court in New York. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

Entire Agreement.

These Terms of Use contains the entire understanding and agreement between your and Jackal Jaw, LLC with respect to your use of this Site, and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and Jackal Jaw, LLC with respect to this Site.