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Terms of Use
We welcome you to JBissing.com. You may have arrived at this web site by entering
a different address (such as JBissing.com)
in your browser which points to JBissing.com. This web site is owned by Josephine Bissing,™ L.L.C..
Josephine Bissing,™ L.L.C. and its suppliers and affiliates provide their
services to you subject to the following terms. If you visit or shop at our web
sites, you accept these conditions regardless of how you arrived here.
Please read these terms [hereinafter
referred to as Agreement] carefully.
Copyright.
All contents included on this site, such as software, downloadable
files, text, graphics, logos, button icons, images, audio clips, data compilations, and
software are properties of Josephine Bissing,™ L.L.C. and its content suppliers.
They are protected by United States and international copyright laws. The compilation
of contents and the software used or licensed on this web site are the exclusive property
of Josephine Bissing,™ L.L.C. and protected by the United States and
international copyright laws.
Trademarks. Josephine Bissing, C-Lite-X, HydroSponge, Active Infusion Technology, and other marks indicated on our
web site are trademarks of Josephine Bissing,™ L.L.C. Other graphics, logos,
page headers, button icons, scripts, and service names are trademarks or trade dress of
Josephine Bissing,™ L.L.C. or its divisions. These trademarks and trade
dress may not be used in connection with any product or service that does not belong
to Josephine Bissing,™ L.L.C., in any manner that is likely to cause confusion
among customers, or in any manner that disparages or discredits Josephine Bissing,™ L.L.C.
All other trademarks not owned by Josephine Bissing,™ L.L.C.
or its subsidiaries that appear on this site are the property of their respective owners
who may or may not be affiliated with Josephine Bissing,™ L.L.C., or its divisions.
License for Site Access. Josephine Bissing,™ L.L.C. grants you a
limited license to access and make personal use of this site and not to download
(except for page caching) or modify the site contents or any part thereof.
This web site or any portion of it may not be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any commercial purpose without express
written consent of Josephine Bissing,™ L.L.C.
- This license does not include any of the following:
- resale or commercial use of this web site or
its contents
- collection and use of any product listings,
descriptions, or prices derivative use of this web site or its
contents
- downloading or copying of account information
except your own personal account
- use of data gathering and extraction tools
(including robots or automated programs) to access this web site or to
extract information about its contents or operation
- use of frames or framing techniques to
enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of JBissing.com without
our express written consent. (This provision may not apply to our
B2B affiliates who may do so within
the terms of their respective licenses issued separately).
- use of meta tags or other hidden text utilizing Josephine Bissing,™ L.L.C.'s
name or trademarks.
- Any unauthorized use terminates the permission
or license granted by Josephine Bissing,™ L.L.C.
- You are granted a limited, revocable, and nonexclusive right to create a hyperlink
to the home page of JBissing.com so long as the link does not portray Josephine Bissing,™ L.L.C.
or its products and services in a false, misleading, derogatory,
or otherwise offensive matter. You may not use any logo or other proprietary
graphic or trademark of Josephine Bissing,™ L.L.C. as part of the link
without express written permission.
Your Account. If you use this site, you are responsible for maintaining
the confidentiality of your account and password. You hereby to accept all
responsibility for all activities that occur under your account or password.
Josephine Bissing,™ L.L.C. sells products for children, but it only sells them to adults
who can purchase with a credit card. If you are under 18, you may use
JBissing.com only under the supervision of a parent or guardian.
Josephine Bissing,™ L.L.C. and its suppliers and affiliates reserve the right to refuse
service, terminate accounts, remove or edit content, or cancel orders in their
sole discretion.
Use of Our email and Coupon Facilities. We may allow our visitors to send emails
or coupons to their friends regarding our products. We do not copy or record
these emails. You may use such facilities on our web site, so long as the content
of the email or the note you send is not illegal, obscene, threatening, defamatory,
invasive of privacy, infringing of intellectual property rights, or otherwise
injurious or objectionable to third parties. You agree that the messages you email
through our web site shall not contain software viruses, political campaign messages,
commercial solicitation, chain letters, mass mailings, illegal messages, or any form
of spam. You agree that you may not use a false e-mail address, impersonate any
person or entity, or otherwise mislead any person as to your own identity or the origin
of an email or coupon. Josephine Bissing,™ L.L.C. reserves the right
(but not the obligation) to remove, limit, or edit the content of emails or coupons
sent through our web site.
Risk of Loss. All items purchased from Josephine Bissing,™ L.L.C.
are made pursuant to a shipment contract with the carrier. You agree that the risk
of loss and title for the purchased items pass to you upon our delivery to the carrier.
Other Business and Their Links. We provide links to the sites of other
entities. We are not responsible for examining or evaluating these entities
and their products or services. WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY
WARRANTY OF ANY KIND, WITH RESPECT TO THE PRODUCTS, SERVICES, OR OFFERINGS OF ANY
OF THESE ENTITIES. IN ADDITION, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY
WARRANTY OF ANY KIND, WITH RESPECT TO (1) THE CONTENT OF THE WEB SITES, PRODUCTS, AND
SERVICES OF THESE ENTITIES (2) YOUR EXPERIENCE RESULTING FROM VISITING
THEIR WEB SITES.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
THIS SITE IS PROVIDED BY JOSEPHINE BISSING,™ L.L.C. ON AN "AS IS" AND
"AS AVAILABLE" BASIS. JOSEPHINE BISSING,™ L.L.C. MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR
THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, JOSEPHINE BISSING,™ L.L.C.
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
JOSEPHINE BISSING,™ L.L.C. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS,
OR E-MAIL SENT FROM JOSEPHINE BISSING,™ L.L.C. ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. JOSEPHINE BISSING,™ L.L.C. WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF
THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT
HAVE ADDITIONAL RIGHTS.
Applicable Law. By visiting JBissing.com, you agree that the laws of
the state of Colorado, excluding its principles of conflict of laws,
shall govern these terms of use and any dispute of any sort that might arise between
you and Josephine Bissing,™ L.L.C., it suppliers, or affiliates.
The United Nations Convention on Contracts for the International Sale of Goods,
the application of which is expressly excluded, shall not govern this License.
Resolution of Disputes.
- Any claim in connection with, arising under, or
in any way whatsoever relating to (i) this agreement, (ii) the
relationship created by this agreement, (iii) the use or attempted use
of this web site or the products or services available therein, or (iv)
the applicability and scope of this agreement shall be submitted to
confidential arbitration in Denver, Colorado, except that, to the
extent you have in any manner violated or threatened to violate
intellectual property rights of Josephine Bissing,™ L.L.C.,
Josephine Bissing,™ L.L.C. may seek damages, injunctive relief, or
other appropriate remedies in any state or federal court in the state of
Colorado, and you consent to the exclusive jurisdiction and venue in such
courts.
- Arbitration under this agreement shall be
conducted under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and may be
entered as a judgment in any court of competent jurisdiction. To
the fullest extent permitted by applicable law, no arbitration under
this agreement shall be joined to an arbitration involving any other
party subject to this agreement, whether through class arbitration
proceedings or otherwise.
- Any action on a dispute that for any reason
whatsoever may not be arbitrated pursuant to this section shall be
brought in a court sitting in Denver, Colorado.
- The provisions of this section shall not apply to an action brought
by Josephine Bissing,™ L.L.C., to collect a debt owed by the
customer.
Miscellaneous Provisions.
- This License is the entire agreement between
us, superseding any other agreement or discussions, oral or written, and
may not be changed except by a written agreement signed by a duly
authorized officer of Josephine Bissing,™ L.L.C.
- If any provision of this agreement is declared
by a court of competent jurisdiction to be invalid,
illegal, unenforceable, or inapplicable to a particular situation,
such a provision shall be severed from the agreement and the other
provisions shall remain in full force and effect.
- This License shall be construed reasonably and not against any particular party.
The titles given to the paragraphs and subparagraphs of this License are for the
convenience of the parties. This License shall be construed without
regard to such titles.
Legal Notices
© Copyright, Josephine Bissing,™ L.L.C., 2002. All rights reserved.
Josephine Bissing, C-Lite-X, HydroSponge, Active Infusion Technology are trademarks
of Josephine Bissing,™ L.L.C. Acrobat® Reader Copyright © 1987-1999
Adobe Systems Incorporated. All rights reserved. Adobe and Acrobat are
trademarks of Adobe Systems Incorporated which may be registered in certain
jurisdictions. Microsoft, Windows, Windows Logo, Windows NT, and DirectX are
either trademarks or registered trademarks of Microsoft Corporation.
Josephine Bissing,™ L.L.C.
514 Madison Street Denver, Colorado 80206
© Copyright, Josephine Bissing,™ L.L.C., 2002.
All rights reserved.
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