Terms of Service

 

Welcome to the JAKE website jake.clothing, the “Site”.  These terms were last updated on July 15th, 2015.  Unless otherwise noted herein, the following terms and conditions govern your use of this Site.  Please review the following terms carefully as your use of this site constitutes your agreement to follow and be bound by these terms.  If you do not agree to the terms of this website, do not access or use this Site.

JAKE reserves the right to change, modify, alter or update any portion of these Terms of Use at any time and without notice to you.  It is your responsibility to review these Terms of Use whenever you visit the site for changes or updates.  By continuing to use the site you agree to accept any such changes.  JAKE provides this website as a service and thus grants you access to and use the Site as a personal, non-exclusive and non-transferable, limited license as long as you comply with the Terms of Use.

You agree that you are of sufficient legal age to use and participate in any and all contests, promotion or similar features outlined in the Terms of Use.  If for some reason there is a conflict between these Terms of Use and terms that may be posted for other portions of the Site, promotional or other, you agree to abide by the latter terms with respect to your use or service for that portion of the Site.

Website Content

The information and contents, including but not limited to text, data, photographs, user and visual interfaces, logos, artwork, music, sound, characters, trademarks and computer code, is collectively known as the “Content” for the Site, is JAKE property and is protected by patent, trademark and/or copyright laws under United States and foreign policy.    Material from this site may not be copied, uploaded, distributed, reproduced, posted, encoded, translated or transmitted in any way, modify, delete, or licensed for public or commercial use unless specifically stated on the Site or with JAKE’s prior notification and written consent.

JAKE reserves the right, for no or any reason, to limit or impose rules for the use of the Site or restrict access to part or the entire Site without notice to you.  We also reserve the right to revise the products, content, and services of the Site including but not limited to the Content and availability and JAKE will not be liable for doing so.

Site Prohibited Uses

There are prohibited uses for you when visiting this site.  It is only available for non-commercial, personal, and lawful use which is limited to purchasing products, downloading product information for personal use, and viewing the Site content.  When viewing this Site you are responsible for the transmission, uploading, downloading, and posting of information from the Site and are solely responsible for the consequences when not following the Terms of Use.  JAKE requires all users of the Site agree to not use the Site for any of the following prohibited actions:

  1. Transmitting or posting material that does not comply with applicable laws and regulations.
  2. Using the Site or its content for public use that infringes on any intellectual property, privacy or public rights.
  3. Interfering in any way with the Site’s functionality, network, security, or unauthorized access to private information or other systems.  This includes using deep links, spiders, robots or other automatic programs, devices, or methodologies to gain access to the Site, documentation, or other Site material.
  4. Providing or posting any inaccurate or complete information as well as any information that is not your own or attempting to access an account which is not your own.   This includes the communication or posting of material that has been copyrighted, contains trade secrets or violates any applicable export control laws or regulations or Internet protocols.
  5. Probe, scan or test, or attempting to probe, scan or test) the Site or associated/connected networks for vulnerabilities or breaching, or attempting to breach, security or authentication measures without the proper authority.
  6. Engage in any conduct that could be considered illegal or in violation of any local, state, national or international law or regulation.
  7. Imposing, intentionally or unintentionally, unreasonable or disproportionate heavy loads on the infrastructure or connected networks of the Site.
  8. Accessing data or information not intended for you which includes logging onto an account or server that you are not authorized to access.
  9. Falsifying or forging any TCP/IP packet header or header information in an email or other transmission Site posting.
     

Violations of the Terms of Use

Any of the above violations of the Terms of Use of the system, network, and Site may result in civil or criminal liability.  JAKE has the right at all times and will investigate violation occurrences.   Under most circumstances this involves involving and cooperating with local, state, federal and international enforcement agencies for prosecution.  We reserve the right at any time to disclose any information with other companies, organizations or agencies when requested or believe that such disclosure warrants action to comply with legal processes, protect other users and their information or enforce or prevent the violation of these terms.

By using the Site you agree to not violate or attempt to violate any the Terms of use and acknowledge that JAKE may preserve any communication or transmittal of information through the Site.   JAKE reserves the right, at any time and in its sole discretion, to terminate your access or block your use of the Site immediately and without any prior notice to you.   A violation of the Terms of Use may cause permanent harm to JAKE and require equitable relief or an injunction to which you consent by using the Site.   In addition, by using the Site you agree that JAKE is entitled to take any legal action it deems necessary to recover attorneys’ fees, relief, actionable cost or any other type of relief.

These terms of use remain in effect unless or until they are terminated by either jake.clothing or by you.  You have the right at any time to terminate this Agreement.    You agree to destroy all downloaded, transmitted, or otherwise obtained material or content from this Site, whether made under these Terms of Use or not, immediately after the Agreement has been terminated.

Product and Purchases Terms and Conditions

JAKE aims to give as many customers as possible the opportunity to purchase and wear our products.  In order to do so we may deny, restrict or limit the number of purchases of any user, account or credit card or orders using the same or similar billing and/or shipping address.  You agree that JAKE reserves the right, at any time and without notice to you, to enforce this policy by canceling, prohibiting or limiting orders on all merchandise offered in retail or through the Site.

The products shown on the website are displayed as accurately as possible.  Due to the variability in user’s monitors and viewing conditions, JAKE cannot guarantee that the monitor and viewing conditions will display the actual colors of the products.

The prices and availability of products are also kept as current as possible but may be subject to change at any time.  JAKE is not responsible for any typographical errors regarding price, color, fabric quality, or any other matter on the Site.  Prices that are quoted on the site are displayed in U.S. Dollars and are only valid in the United States.  We will attempt to remove items that are no longer available from the Site as quickly as possible but cannot guarantee that an item is currently in stock or will be in stock again in the future.  If you are unable to locate any particular item or have a question regarding the availability of any item, do not hesitate to contact us at iwearjake@jake.clothing.

Product and Security Terms and Conditions

You may be asked to provide certain personal and general information to us during your visit and use of the Site which may include the requirement to open an Account.  By accessing the Site you acknowledge and agree that you are solely responsible for the accuracy of the content that is provided including your password and all activity that occurs under your account as a result of not keeping this information secure.  You agree to notify JAKE immediately if any unauthorized activity or use of your account or personal information is noted or recognized.  Failing to notify us immediately may result in you being held liable for any charges or losses that are incurred on your account.  The use of another users password, account or personal information, Site user or not, is prohibited unless prior and explicit permission is obtained from JAKE and the Site user.    You are solely held liable for any charges or losses to your account by failing to comply with these terms.

Information that JAKE obtains from you in response to, including but not limited to, provided data, questions, feedback, comments or suggestions is NOT considered private or confidential.   This information is property of JAKE constitutes an irrevocable assignment to JAKE rights, titles, and interests.  We are not liable for the disclosure or use of this information and do not have any obligation to keep it private or confidential.  JAKE reserves the right to reproduce, use, and keep any ideas, concepts, techniques or other such information that is obtained from these transmissions for any purposes whatsoever including but not limited to, developing, manufacturing, producing, or marketing products which contain or rely on this information.

Personal information that is provided to JAKE via the Site is considered confidential and private and is governed by our Privacy which applies to the use of this Site and its terms are made a part of the Terms of Use by this reference.  To find out more information about your protection please visit our Privacy Policy page.   JAKE attempts to keep your information as secure as possible, however, by using the Site you acknowledge and agree that any transmissions via the Internet may not be completely secure and have the potential to be intercepted and read by others.

Links to Other Websites and Services

This site may contain links to other third-party websites, also known as “Other Sites”, other than our own.  JAKE is not responsible for the accuracy, availability, safety or suitability of content on Other Sites nor is it implied that we endorse, guarantee or warrant any products or services offered and/or provided on the Other Sites.    The Other Sites are provided only as a convenience to our Site users.   You are solely responsible for your interaction with these Other Sites and should be diligent in your judgment as JAKE makes no warranties regarding any non-Sites to which you may be directed or hyperlinked through from this Site.

UNDER NOT CIRCUMSTANCES SHALL JAKE OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT AND SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY PUNITIVE OR EXEMPLARY DAMAGES, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, LOSSES OR CAUSES OF ACTION THAT ARISE FROM OR ARE RELATED TO THE USE OR INABILITY TO USE, OR THE PERFORMANCE OF OR CONTENT AND MATERIALS OF THE SITE OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE INCLUDING BUT WITHOUT LIMITATION, LESS OF REVENUE, ANTICIPATED PROFITS, LOSS OF BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, EITHER TANGIBLE OR INTANGIBLE IN NATURE, REGARDLESS IS JAKE OR A REPRESENTATIVE OR INDIVIDUAL THEREOF HAS BEEN ADVISED OF THE POSSIBILITY TO RECOVER SUCH DAMAGES.  SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AS JAKE ACKNOWLEDGES THAT SOME JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THESE LIMITATIONS OR EXCLUSION OF LIABILITY.

Disclaimers and Limits of Liability

JAKE provides and publishes the information and material in the Site as a convenience to its users.  We attempt to provide the information as accurately and timely as possible but without any warranties, expressed or implied without limitation, of title, merchantability, non-infringement on intellectual property or fitness for a particular purpose.   We reserve the right to make any corrections or changes to the Site at any time without notice to you and disclaim any duty to update or revise the Site.  The products displayed on the Site may not be available in your region at any or all times and JAKE does not guarantee that the information on the site is appropriate or correct in your jurisdiction or that the products will be available for purchase in your region.  By your use of this Site you are acknowledging that you assume all responsibility and risk to your use of the Site and are solely responsible for all costs associated with servicing or repairing any equipment that was used in connection with your use of the Site.   You further acknowledge and agree that JAKE shall not be held liable for any damages related to the use of this Site.

This Site is provided “AS IS” AND “AS AVAILABLE” AND JAKE THEREFORE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, ANY ENDORSEMENTS, EXPRESS OR IMPLIED AND WITH REGARD TO INFORMATION ACCESSED FROM OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, ALL MATERIAL AND CONTENT, SERVICES AND FUNCTIONS PROVIDED AND USED ON THE SITE, WHICH ARE PROVIDED WITHOUT ANY WARRANTY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES REGARDING THE ACCURACY, TIMELINESS, AVAILABILITY, USEFULNESS, COMPLETENESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS OF ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT.

JAKE reserves the right, at any time and without notice to you, prior or otherwise, to: modify, suspend, or terminate the access, function, or operability of the Site or any portions of the Site, modify, add, or remove any applicable policies or terms associated with the modification or changing of the Site or any portion of the Site, or to interrupt the access, functionality, or operability of the Site or portions of the Site in order to perform updates, modifications, routine or non-routine maintenance, defect corrections, or any other changes.

FURTHERMORE, JAKE DOES NOT WARRANT THAT THE SITE CONTENT, MATERIALS, SERVICES OR FUNCTION ARE MADE AVAILABLE AND THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ACCURATE AND DOES NOT WARRANT THAT THESE DEFECTS MAY OR WILL BE CORRECTED OR YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.  JAKE DOES NOT GUARANTEE OR WARRANTY THAT THE SITE, INCLUDING ITS CONTENT, MATERIALS, SERVICES OR FUNCTION, WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS.   YOU ACKNOWLEDGE AND AGREE THAT IF YOU ARE DISSATISFIED WITH THE SITE YOUR SOLE REMEDY IS TO DISCONTINUE THE USE OF THE SITE.  INFORMATION OBTAINED THROUGH YOU INCLUDING ADVICE, RESULTS, INFORMATION OR MATERIALS, EITHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY NOT EXPRESSIVELY MADE HEREIN. MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE OR THE USE OF IT IS DONE AT YOUR SOLE DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM DOWNLOADING, TRANSFERRING, OR COMMUNICATING OF SUCH MATERIAL OR CONTENT.  THIS INCLUDES FILES OR DATA THAT YOU DOWNLOADED FROM THE SITE THAT MAY NOT BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES OR SOFTWARE.

Indemnity

You agree to defend, indemnify and hold JAKE and its directors, officers, employees, agents and or affiliates harmless from and against any and all claims, damages, liabilities, costs and expenses including attorneys’ fees that arise from or are related to or in connection to your use of the Site, violation of the Terms of Use or the posting or transmission of any materials, content or other information on or through the Site by you, including but not limited to, third party claims that information, context, or materials or proprietary right infringement .

Feedback and Information

Any and all feedback, including postcards, suggestion, ideas, submissions or offerings, provided to JAKE via the Site or in any other form or manner relating to the use of the Site shall and will be deemed non-confidential and the property of JAKE.  Thus, we own exclusively all such rights, titles, and interests and are not limited in any way to its use, commercial or otherwise.  JAKE is under no obligation, at any time, to keep this feedback in confidence, to compensate for its use, or to respond to any or all of the feedback.  Your use of this Site constitutes an agreement that you acknowledge and agree that the feedback submitted by you to the Site or to JAKE through any other means does not and will not violate any right of any third party, commercial or other, including copyright, trademark, privacy or other personal or proprietary rights.  In addition, by using this Site you agree that the feedback submitted does not contain unlawful, obscene, offensive or abusive material or content and that you are and will remain solely responsible for your submissions.

Proprietary Rights

JAKE, unless otherwise specified, is the owner and/or authorized user of any trademark (registered or not registered) trade name or service appearing on the Site, and licenses or is the copyright owner of all the materials, content, and assets (collectively known as “the Property”) shown on the Site.   The JAKE logos, titles, phrases, designs and product names along with the copyrights, trademarks, and other intellectual property in such materials are owned by JAKE and may be registered in the United States or internationally.  Nothing on this site is nor should be construed to grant any license or right to use or display any JAKE Property without the prior knowledge and written consent of JAKE.

International Site Use and Dispute Resolution

The site is controlled and operated from the United States and all information is processed from within the United States and cannot guarantee or warrant that all materials and content on the site are appropriate or available for use in other regions.  You agree to comply with all applicable local, regional, and international laws and regulations in connection with your use of the Site.   Any information downloaded from the Site is subject to export controls under United States laws and regulations.  You further agree that by using the Site you are not a national of, or resident within, a country that is subject to trade embargo under United States laws and regulations or listed on any of the United States Government’s prohibited parties and restricted lists.

By using this Site you agree that all matters relating to the access and use of this Site, including all disputes, legal or otherwise, are subject to and will be governed by the laws and regulations of the United States without regard to its conflicts of provisioning laws.  Any claim brought against JAKE under these Terms of Use must be made within one year after the cause of action arises, or your claim or action will be barred.  The failure of JAKE to exercise its right or enforce any right or provision of these Terms of Use does not constitute a waiver of right or provision.  The invalidity of any material, term or provision in these Terms of Use do not and shall not affect the enforceability of those provisions that are deemed enforceable by applicable regulations and courts of law. Any provision in these Terms that are deemed void or unenforceable by a court or other tribunal jurisdiction shall be limited or eliminated to the minimum extent necessary and replaced with a provision that is valid and best embodies the intent of these Terms so that these Terms shall remain in effect and in full force.   Parties involved in any dispute shall promptly attempt, and in good faith, to resolve any dispute in connection with the use of the Site or product dissatisfaction thereof.  If the dispute cannot be resolved through good faith within 30 days then either party may submit the dispute to mediation.  If mediation attempts cannot resolve the issue within six months then the parties are free to pursue any legal action under applicable laws but will resolved exclusively within the courts of San Francisco, California, United States.

Other Miscellaneous Information

These Terms of Use constitute the entire agreement between you and JAKE.  They cover your use of the Site and supersede and cancel any prior agreements that may have been made between you and JAKE.   You agree that there is no joint venture, partnership, employment, or other relationship between you and JAKE as a result of your use of this Site and this Agreement.

These terms inure to the benefit of JAKE’s successors, licensees, and assigns.

The section titles of the Terms of use are only for convenience and have no legal or contractual effect.