JAYPROSPORTSCONSTRUCTION.COM WEB SITE USE AGREEMENT

TERMS OF USE

[Privacy Policies—See Below]

RESTRICTED USE OF WEB SITE
Welcome to JayproSportsConstruction.com. We encourage you to browse and use JayproSportsConstruction.com to review our products and services, as long as you agree to this Web Site Use Agreement. This website is intended only for use by current or potential customers of Jaypro Sports Construction Group., and its affiliates ("Jaypro Sports Construction Group," "us," or "our"). You may order our products and services through one of our authorized dealers. To arrange for an authorized dealer in your area to contact you, please Click Here. "You" or "your" means the users of JayproSportsConstruction.com. If the user is not an individual, then "you" means your company, its officers, members, agents, successors and assigns.

Jaypro Sports Construction Group provides the services (the "Services") available at the domain and sub-domains of JayproSportsConstruction.com ("JayproSportsConstruction.com") to users subject to these Terms of Use, our Privacy Policies, and other terms and conditions provided in this document or on JayproSportsConstruction.com ("Policies"). In addition, when using particular services in JayproSportsConstruction.com, guidelines or rules may be posted which are applicable to your use of those services. Your use of JayproSportsConstruction.com and your relationship with Jaypro Sports Construction Group are subject to all Policies all of which are incorporated by reference into this Web Site Use Agreement.

 

Please read this Web Site Use Agreement carefully before accessing or using JayproSportsConstruction.com. Accessing JayproSportsConstruction.com signifies your agreement to be bound by all of the Policies contained in the most current version of this Web Site Use Agreement posted on JayproSportsConstruction.com. Jaypro Sports Construction Group reserves all rights and remedies it may have at law and equity against persons using JayproSportsConstruction.com who do not agree to be bound by the Policies. IF YOU DO NOT AGREE TO BE BOUND BY ALL THE POLICIES OR CANNOT COMPLY WITH THE POLICIES, DO NOT ACCESS OR USE JAYPROSPORTSCONTSTRUCTIONGROUP.COM.

 

INTELLECTUAL PROPERTY
JayproSportsConstruction.com is owned and operated by Draper, Inc. Draper, Inc. is a respected supplier of projection screens, lifts and mounts, home theater products, window shades, easels, gymnasium equipment, and other products. To continue to benefit commercially from the innovation of our products and services, Draper, Inc. maintains a global portfolio of intellectual property, including patents, trademarks, trade dress, copyrights and other intellectual property ("IP"). The designs embodied in the products depicted in this web site are the property of Draper, Inc. Any use of these designs without the express written consent of Draper, Inc. is prohibited. JayproSportsConstruction.com and all the IP contained on this site are protected under domestic and international IP laws. You acknowledge that Draper, Inc. provides access to web sites that contain content that is protected by IP rights. You will only use such content in a legal manner, in compliance with this Web Site Use Agreement.

 

Patents
Jaypro Sports Construction Group patents many of the designs and technical innovations that are used on our products. Jaypro Sports Construction Group may use the term “Patent Pending” on products that contain an invention for which we have applied for patent protection with a patent office. Jaypro Sports Construction Group may use a patent number (for example, U.S. Patent No. 6,137,629) on products which are protected by an issued patent. Jaypro Sports Construction Group actively pursues individuals and companies that infringe upon its patents.

 

If you are interested in distributing or manufacturing items protected by Jaypro Sports Construction Group patents, please click here.

 

Copyrightable Materials
Draper, Inc. owns copyrights in this web site, catalogs, drawings, instructions, specifications, and other items provided through this web site. Copyright in the pages and in the screens displaying the pages, in the content of those screens and pages, and in the selection, coordination and arrangement of that content, is owned by Draper, Inc. unless otherwise indicated. No part of the materials made available may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means electronic, mechanical, photocopying, recording, or otherwise without express written consent from Draper, Inc. Except as expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material will be permitted without the express prior written consent of Draper, Inc.. If you are interested in licensing such copyrightable materials, please click here. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of attribution or copyright or trademark notices shall be made. All rights are reserved in our copyrightable materials.

 

Trademarks
Trademarks are words, logos, taglines, phrases and combinations thereof that identify products and services for a particular company. Trademarks are valuable property, and protection of this property is provided under United States federal and state laws, as well as under international trademark laws. All trademarks used in this web site are property of Jaypro Sports Construction Group or the property of their respective owners. Except as expressly permitted under trademark law, Jaypro Sports Construction Group does not authorize use of its trademarks without express prior written consent of Jaypro Sports Construction Group. Jaypro Sports Construction Group controls the use its trademarks by all licensees and authorized parties, and pursues unauthorized use of its trademarks by parties who do not have a valid license or permission agreement with Jaypro Sports Construction Group. Jaypro Sports Construction Group reserves all rights to object to the use of any Jaypro Sports Construction Group trademark.

 

If you would like to become licensed to use Jaypro Sports Construction Group's trademarks, please contact Jaypro Sports Construction Group by clicking here. Jaypro Sports Construction Group does not provide legal advice regarding the proper use of our trademarks. If you have questions regarding the use of a Jaypro Sports Construction Group trademark, please consult with your legal counsel. If you are a licensee or authorized user of any Jaypro Sports Construction Group trademark, please consult your licensing agreement and contact Jaypro Sports Construction Group by using this form with any questions.

 

Art, Logos, Trademarks, and Other Supplied Materials
Jaypro Sports Construction Group uses art, logos, and other materials supplied by authorized dealers and customers ("Artwork") to provide products and services. Jaypro Sports Construction Group assumes no responsibility for determining the proper ownership or proper use of Artwork. All liabilities of this nature rest with the authorized dealers and their customers. Authorized dealers and their customers placing orders with Jaypro Sports Construction Group represent and warrant that they have the authority to order, purchase and distribute the product with the Artwork specified on the order, and that the use or display of the Artwork will not violate any laws or client restrictions. Jaypro Sports Construction Group assumes no responsibility for determining who does or does not have such authority. By submitting Artwork to Jaypro Sports Construction Group for use on a product, authorized dealers and their customers shall defend and hold harmless Jaypro Sports Construction Group for the use of any Artwork and for breach of this warranty. Authorized dealers and their customers also shall indemnify, hold harmless, defend and absolve Jaypro Sports Construction Group, its affiliates and licensors from and against all claims, liabilities and expenses arising out of or related to any actual or alleged infringement or misappropriation of any copyright, trademark or other proprietary rights or merchandise. This indemnification will remain in effect after delivery of the product or service.

 

Jaypro Sports Construction Group reserves the right to photograph, show as samples, or use in Jaypro Sports Construction Group's advertising the items produced by Jaypro Sports Construction Group without liability as to trademark, copyright or other proprietary rights. Jaypro Sports Construction Group reserves the right to refuse to provide product or service when it is determined that the Artwork does not meet Jaypro Sports Construction Group's standards.

 

LICENSE AND SITE ACCESS
Jaypro Sports Construction Group grants you a limited license to access and make business use of JayproSportsConstruction.com.

 

RISK OF LOSS
All items purchased from Jaypro Sports Construction Group are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon Jaypro Sports Construction Group's delivery to the carrier.

 

PRODUCT DESCRIPTIONS
Jaypro Sports Construction Group attempts to be as accurate as possible on all product descriptions that are available through JayproSportsConstruction.com. However, Jaypro Sports Construction Group does not warrant that product descriptions or other content of JayproSportsConstruction.com is accurate, complete, reliable, current, or error-free. If a product offered on JayproSportsConstruction.com is not as described, your sole remedy is to return it in unused condition.

 

PRICING
While Jaypro Sports Construction Group tries to ensure accuracy, Jaypro Sports Construction Group reserves the right at any time to correct any errors in pricing or descriptions and to cancel or refuse to accept any order based on an incorrect price or description. Product and service prices and specifications are subject to change without notice. Jaypro Sports Construction Group reserves the right to limit quantities. Descriptive, typographic, or photographic errors are subject to corrections.

Because of custom orders, shipping charges, and other factors, the final invoice for a product or service may be different than the original invoice as provided on JayproSportsConstruction.com to the authorized dealer. When this occurs, Jaypro Sports Construction Group will contact the authorized dealer by phone or email with the final invoice before processing the order and credit card or other payment.

 

CHILDREN
Jaypro Sports Construction Group does not intentionally sell products or services for purchase by children or knowingly collect information from children. Children under the age of 18 are not authorized to use JayproSportsConstruction.com, and parents or legal guardians may not agree to this Web Site Use Agreement on their behalf.

 

UNITED STATES AND CANADA ONLY
All materials on JayproSportsConstruction.com are provided for the purpose of providing Services in the United States and Canada. Jaypro Sports Construction Group makes no representations that the materials on the site are appropriate or available for use in other locations. If, despite these conditions, you use JayproSportsConstruction.com from outside of the United States or Canada, you are solely responsible for compliance with any applicable foreign or local laws.

 

MODIFICATION
Jaypro Sports Construction Group reserves the exclusive right, at our discretion, to update, change, modify, add, or remove portions of JayproSportsConstruction.com and the Policies from time to time including, but not limited to, content, hours of availability, and system requirements. The effective date of the latest version of the Policies, as stated below, indicates the last time the Policies were materially modified. Checking the effective date below allows you to determine whether there have been material modifications since the last time you reviewed the Policies.

 

The Policies were last materially modified on 06/06/2005.

You can review the most current version of the Policies at any time at JayproSportsConstruction.com. Your continued use of JayproSportsConstruction.com following change in the Policies will constitute your acknowledgement and acceptance of such change. If you do not agree to any change, you must immediately stop using and accessing JayproSportsConstruction.com.

 

APPLICABLE LAW
The Policies shall be governed by the laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana, provided, however, that disputes concerning patent, federal trademark, or federal copyright matters shall be governed by federal law.

 

DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Optional Rules for Emergency Measures of Protection, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Marion County, Indiana.

Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy otherwise is resolved. Either party also may, without waiving any remedy under this agreement, seek from any court having jurisdiction located in Marion County, Indiana, any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy).

 

SEVERABILITY
If any portion of this Web Site Use Agreement shall be deemed invalid, void, or for any reason unenforceable, that portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portions of this Web Site Use Agreement. If a court of competent jurisdiction finds any portion this Web Site User Agreement invalid or unenforceable, such portion shall be given the maximum effect permitted under applicable law, and the remainder of this Web Site Use Agreement shall remain valid and fully enforceable according to its terms, and the invalid or unenforceable portion shall be replaced with a valid and enforceable provision that most closely reflects the intention of Jaypro Sports Construction Group.

 

NO WARRANTY
The information, materials and services provided in JayproSportsConstruction.com are provided on an "as is" and "as available" basis without warranty of any kind, implied, express or statutory, including, but not limited to, warranties of title or non‑infringement, implied warranties of merchantability or fitness for a particular purpose, and freedom from computer virus, other than those warranties that are implied by, and incapable of exclusion, restriction or modification under the laws applicable to this agreement. All use of the Services (including but not limited to the accessing and use of content, information and services, the purchase of products and services, the transmission of information and other communications by and to you, and the downloading of computer files) is at your sole risk. Jaypro Sports Construction Group does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials.

 

LIMITATION ON LIABILITY
In no event will Draper, Inc. be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising out of or in connection with JayproSportsConstruction.com or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Draper, Inc, or representatives thereof, are advised of the possibility of such damages, losses or expenses. Hyperlinks to other internet resources are at your own risk; the content, accuracy, opinions expressed, and other links provided by these resources are not investigated, verified, monitored, or endorsed by Draper, Inc..

 

TERM AND TERMINATION
This Web Site Use Agreement is effective from your acceptance of the Policies, which is indicated by first use of JayproSportsConstruction.com. Jaypro Sports Construction Group may terminate this Web Site Use Agreement any time without notice.

Upon termination of this Web Site Use Agreement, all rights granted to you under this Web Site Use Agreement shall terminate immediately. Draper Inc.'s right to enforce the provisions of this Web Site Use Agreement shall survive termination of this Web Site Use Agreement.

 

NOTICE
All notices required or permitted under this Web Site Use Agreement shall be in writing, shall reference this Web Site Use Agreement and shall be deemed given upon receipt when sent by registered or certified mail, return receipt requested, postage prepaid or commercial overnight carrier, with written verification of receipt. All communications shall be sent to the address set forth below or to such other address as may be designated by Draper, Inc. by providing notice through disclosure in this Web Site Use Agreement.

Draper, Inc.

 

Privacy Officer
411 South Pearl Street
Spiceland, Indiana 47385

 

With a copy to

 

Draper, Inc.
Advertising Department
411 South Pearl Street
Spiceland, Indiana 47385

 

Notice of material breach of this Web Site Use Agreement or termination of any portion of this Web Site Use Agreement will be provided by posting on JayproSportsConstruction.com, regular mail, or electronic mail, if available.

 

INDEMNIFICATION
You shall defend, indemnify and hold Draper, Inc. harmless from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to your use of JayproSportsConstruction.com.

 

WAIVER
No waiver of any default or breach of this Web Site Use Agreement by Draper, Inc. shall be deemed a continuing waiver or a waiver of any other breach or default, no matter how similar. Draper Inc.'s failure to insist upon or enforce strict performance of any provision of this Web Site Use Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Web Site Use Agreement.

 

FORCE MAJEURE
The obligations of Draper, Inc. are subject to and contingent upon the absence of interference or interruptions such as strikes, riots, war, invasion, fire, explosion, accident, delays in carriers, acts of God and all other delays beyond Draper's reasonable control, and any interference with the obligation of Dreper, Inc. for any such reason shall not be deemed a breach of this agreement.

 

ENTIRE AGREEMENT
This Web Site Use Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. Each of the parties acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as may be expressly set forth herein.

PRIVACY POLICIES

PRIVACY NOTICE
Draper, Inc. collects, retains, and uses information about users of this site only for specific business purposes, including to protect and administer user records and accounts; to comply with certain laws and regulations; to help design or improve Jaypro Sports Construction Group's products and services, and to understand users' needs so that we can provide them with high-quality products and service.

If Jaypro Sports Construction Group believes it has a legitimate business reason for sharing identification and other personal information with a third party, it may share such information with third parties. Jaypro Sports Construction Group may also disclose information about its users to third parties as required or permitted by applicable law.

 

What personal information about users does JayproSportsConstruction.com gather?
The information we learn from users helps us personalize and continually improve your shopping experience at JayproSportsConstruction.com. Here are the types of information we gather:

  • First and last name
  • Company name
  • User, business, billing, shipping and other addresses
  • E-mail address
  • Telephone numbers including cell phones
  • Description of User (Architect, Dealer, End User, etc.)
  • Type of information about Jaypro Sports Construction Group's products and services requested by you
  • Types of Jaypro Sports Construction Group products and services line and/or individual items in which you are interested
  • Communication preferences
  • User comments

 

To change your information please contact us by phone (1-800-238-7999), fax (1-765-987-7142), mail (see Notice Section above), or by using this form.

Information You Give Us: We receive and store any information you enter on JayproSportsConstruction.com or give us in any other way. You can choose not to provide certain information, however you might not be able to take advantage of many of our features. We use the information that you provide for purposes such as responding to your requests, customizing future orders for you, improving our business and communicating with you.

 

In addition, we may also use standard software to collect non-identifying information about users of our web site, such as:

  • Date and time our site was accessed;
  • IP address (a numeric address given to servers connected to the Internet);
  • Web browser used;
  • Operating system used; and
  • Web pages visited.

 

Automatic Information.
We receive and store certain types of information whenever you interact with us. For example, like many web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses JayproSportsConstruction.com. A number of companies offer utilities designed to help you visit web sites anonymously. Although we will not be able to provide you with a personalized experience at JayproSportsConstruction.com if we cannot recognize you, we want you to be aware that these tools exist.

 

E-mail Communications.
To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from JayproSportsConstruction.com if your computer supports such capabilities. We also compare our user lists to lists received from other companies in an effort to avoid sending unnecessary messages to our users. When you send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on JayproSportsConstruction.com. All agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

How secure is information about me?
Jaypro Sports Construction Group uses reasonable security procedures and practices to protect information gathered on JayproSportsConstruction.com from unauthorized access, destruction, use, modification, or disclosure.

It is important for you to protect against unauthorized access to your account, password, and to your computer. Be sure to sign off when finished using a shared computer.

 

Does Jaypro Sports Construction Group share the information it receives?
Information about our users is an important part of our business, but we are not in the business of selling it to others. We share user information only as described herein and with subsidiaries Jaypro Sports Construction Group controls that either are subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.

Agents: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from user lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. These agents have access to personal information needed to perform their functions, but they may not use it for other purposes.

 

Promotional Offers: Sometimes we send offers to selected groups of users on behalf of other businesses. When we do this, we do not give that business your information. We do not give your information to other companies for their direct marketing use.

 

Business Transfers: As we continue to develop our business, we might sell or buy companies, subsidiaries, or business units. In such transactions, user information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the user consents otherwise). Also, in the unlikely event that Jaypro Sports Construction Group or all of its assets are acquired, user information will be one of the transferred assets.

 

Protection of Jaypro Sports Construction Group and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Policies and other agreements; or protect the rights, property, or safety of Jaypro Sports Construction Group, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing or otherwise disclosing personally identifiable information from users for commercial purposes in violation of the commitments set forth in this Privacy Notice.

 

In addition to actions and disclosures specifically authorized by statute or authorized elsewhere in this Web Site Use Agreement, Jaypro Sports Construction Group shall have the right (except where prohibited by law notwithstanding your consent), but not the obligation, to monitor content on JayproSportsConstruction.com and to disclose any information to protect their respective rights, property and/or operations, and where circumstances suggest that individual or public safety is in peril. You hereby consent to, and expressly waive such rights as you may have under any laws or otherwise to limit or prohibit such actions or disclosures.

With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties and you will have an opportunity to choose not to share the information.

 

Jaypro Sports Construction Group reserves the right to resolve system problems using means including, but not limited to, examining accounting logs and other records, accessing an account's mailbox and any other means necessary to ensure proper functioning of the system. Jaypro Sports Construction Group does not guarantee the security of any data on the system including data transmitted using secure servers. Jaypro Sports Construction Group assumes no liability for the loss of private or confidential material. JayproSportsConstruction.com users should be aware that no computer system/network is completely safe from system failures or intrusions by unauthorized parties, and therefore no sensitive material should be passed through the network.

 

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