Terms and Conditions of Use
“Content” includes images, illustrations, graphics, trademarks, logos, video clips, audio clips, page headers, text, button icons, downloads, Site design, software, data files, and all data coding and compilations. “JSDC,” “we,” and “us” refer to JSDC Holdings, LLC. “Site” refers to rackstackandroll.com, or any subdomain within rackstackandroll.com. “You” or “your” refers to the person viewing and/or making a purchase through the Site.
Introduction and Use of the Site
The Site is operated by JSDC Holdings, LLC on an “as is” and “as available basis.” All of the Content we post on our Site is intended for informational purposes only, without warranties of any kind, either express or implied, including without limitation warranties of title, implied merchantability, or fitness for a specific purpose.
By browsing, downloading, or using any content transmitted from the Site, you agree to the terms and conditions as described below, including any changes that may be made from time to time. If you do not agree to these terms or any subsequent modification, kindly do not use, browse or otherwise access this Site.
JSDC may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice. JSDC also reserves the right to block or deny access to the Site to anyone at any time for any reason. We reserve the right to change any Content provided on our Site and these Terms and Conditions of Use at any time, without notice and at our sole discretion and without prior notification.
Product Descriptions and Other Details
We strive to provide the most up-to-date and accurate information through our Site. However, occasionally there may be Content that contains inaccuracies, omissions, or typographical errors in product descriptions, promotional details, pricing, offers or availability. As such, we reserve the right to correct these types of errors without notice. We also make every effort to display accurate photographs or illustrations of our products. Because of the wide variance of computer monitors and printers, we are unable to guarantee that the image you see will exactly match the product you receive. If you are not satisfied with the product you purchased, please return it in accordance with our Return Policy.
We currently serve our customers through various online retailers, including clothesracks.com. If you are dissatisfied with your purchase, please contact the retailer through which you made your purchase. If you have any further questions, please contact us at rackstackandroll.com/contactUs.html.
Use of Web Site
A. Personal Use Only: The Content on our Site is solely intended for, and directed to, the personal use of individuals over the age of 13. You are granted limited permission to copy, download, store or print hard copies of our Content only for personal, non-commercial use while browsing our Site. Any other use of this Site or the Content contained therein, including copying or posting the Content to any network computer; broadcasting or publishing the Content to any other media; framing our Site through another domain, page, or other framing device; modifying or altering the Content in any way; or creating “deep links” (deep links are those to our Site’s published pages other than our homepage at rackstackandroll.com), is strictly prohibited without our explicit prior written consent.
B. Security and Compliance with Laws: You agree to use this Site only for lawful purposes. You are expressly prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing;” or (d) sending or relaying unsolicited e-mail, including promotions and/or advertising of products or services. You further agree not to misrepresent your identity while using the Site or interfere or attempt to interfere with the proper working of this Site.
C. Intellectual Property Rights: We reserve the complete title and all intellectual property rights in any Content (including but not limited to all text, images, illustrations, graphics, trademarks, video clips, sound clips, page headers, organization, arrangement, selection, coordination and technical coding) on the Site. No right, interest in, or title of any downloaded or printed materials are transferred to you without our explicit written authorization.
i. Registered Marks: Use of our registered trademarks or service marks is prohibited unless expressly authorized by JSDC in writing.
ii. Trademark Notice: Rack Stack and Roll is a trademark of JSDC. All other trademarks, service marks, icons, and logos used in this Site are the trademarks, service marks or logos of their respective owners.
iii. Copyrights: The Content of our Site is copyrighted by JSDC as a collective work under U.S. and other applicable copyright laws. Use of any Content, other than what is explicitly allowed for herein, is prohibited unless expressly authorized by JSDC in writing.
iv. Intellectual Property Complaints: We respect the intellectual property of others. If you believe that we have infringed your intellectual property, please contact us at rackstackandroll.com/contactUs.html
External Links and Third Party Content
JSDC makes no representations whatsoever about any other website that you may access through this Site, including without limitation ClothesRacks.com. When you access a website outside of the domain rackstackandroll.com, please understand that it is independent from JSDC, and that JSDC has no control over the content on that website. JSDC is not an affiliate of ClothesRacks.com, and JSDC has no responsibility to you with respect to any purchases made through ClothesRacks.com.
In addition, a hyperlink to a website outside of the domain rackstackandroll.com does not mean that JSDC endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to and from this Site, you do this entirely at your own risk. JSDC is not responsible for content linked to, but served from sites other than our Site.
Violation of these Terms and Conditions of Use
If, in our sole discretion, we determine that you have violated these Terms and Conditions of Use or any other guidelines which may be associated with your use of our Site, we may terminate or block access to our Site in the future.
By browsing or using any services from this Site, you agree to release and hold harmless “JSDC” (including its parent, subsidiary, and affiliated companies, respective subsidiaries, directors, officers, employees, agents and stakeholders) from any and all liability or any injuries, loss or damage of any kind arising from or in connection with your use of the Site.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JSDC AND ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
Limitation of Liability
JSDC AND ITS AFFILIATES, VENDORS, LICENSORS, AND OTHER THIRD PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, THE AGGREGATE LIABILITY OF JSDC UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
These Terms and Conditions are entered into in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, exclusive of its choice of law rules. Any dispute, controversy or claim arising under, out of, in connection with or in relation to the Site or these Terms and Conditions will be resolved by final and binding arbitration conducted in accordance with and subject to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then applicable. One arbitrator will be selected by the parties' mutual agreement or, failing that, by the AAA, and the arbitrator will allow such discovery as is appropriate, consistent with the purposes of arbitration in accomplishing fair, speedy and cost effective resolution of disputes. Judgment upon the award rendered in any such arbitration may be entered in any court having jurisdiction thereof. The arbitration will take place in New York, New York. Any award entered by the arbitrator(s) shall be final and judgment thereon may be entered in any court having jurisdiction. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
Entire Agreement and Modification
Except as provided below, these Terms and Conditions constitute the entire agreement between JSDC and you pertaining to the subject matter hereof. In its sole discretion, JSDC may from time to time revise these Terms and Conditions by updating this posting. You should, therefore, periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site.