Terms of use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS JACQUET WEBSITE (this “Website”). By using or accessing this Website you signify that you acknowledge and assent to the terms and conditions of use set forth herein. If you do not agree to these Terms of Use, please do not use this Website. Jacquet can revise these Terms of Use at any time by updating this posting, and your use of this Website after such modification signifies your acceptance of the modified terms. Please check these Terms of Use periodically for modifications.

This Website is owned and operated by Pain Jacquet SAS (“Jacquet,” “our,” “we,” or “us”). Questions concerning this Website or its operation should be directed to the contact points set forth at the end of these Terms of Use.

In connection with viewing and using this Website you are permitted to print out or temporarily download onto a single computer one copy of the materials posted on this Website for your personal, reference and/or informational purposes only. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, screen scraping, or similar data gathering and extraction tools.

Except as otherwise specifically provided elsewhere on this Website, redistribution, retransmission, republication or commercial exploitation of the contents of this Website are expressly prohibited without our written consent. Requests for such consent should be made to info@jacquetbakery.com. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this Website does not transfer any right or ownership of such items to you, and such information, content or images may be used solely in accordance with these Terms of Use.

CONTENTS AND HYPERLINKS

This Website contains hyperlinks to affiliates’ or third party websites which are the sole responsibility of such affiliates or independent third parties, and use thereof is solely at your own risk. We have no control over the content or policies of such websites, and we are not responsible (and under no circumstances shall be liable) for the contents, accuracy or reliability of any websites hyperlinked to this website. Those who choose to access information from this Website (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law. A description or reference to a third party (including an affiliate’s) product, service or publication on this Website (including any description or reference via hyperlink) does not imply endorsement by Jacquet of that product, service or publication.

Links to this Website from third party sites are permitted only upon approval from Jacquet. Please contact us at info@jacquetbakery.com to seek such approval.

USER CONTENT

Jacquet is pleased to hear from its customers, however, we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing unless we have specifically requested them. Therefore, please do not send us any original creative materials such as product ideas or suggestions. Anything you disclose or offer to us by or through this Website (“Disclosures”), including e-mails to Jacquet or postings on interactive portions of this Website, shall be freely usable by Jacquet for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. By uploading or otherwise providing any Disclosure to this Website or to Jacquet, you hereby grant Jacquet and its designees the unlimited, perpetual, irrevocable right to reuse, publish, redistribute, modify and create derivative works from such Disclosure for any purpose and in any media without compensation, and you warrant that all “moral rights” in uploaded materials have been waived. Any such Disclosure is PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information confidential. You hereby RELEASE Jacquet from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Disclosure.

INTERACTIVE AREAS AND CODE OF ACCEPTABLE CONDUCT

Jacquet does not ordinarily, but reserves the right to in its sole discretion, filter, censor, edit or regulate information and content provided by visitors to this Website and other third parties, including any such information provided in comment areas or other interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content. All such content shall be deemed Disclosures and freely usable by Jacquet as provided in these Terms of Use.

When participating in interactive portions of this Website, you represent that you have proper right and authorization to use any information or content that you upload or post, and agree to abide by the following code of acceptable conduct:

1. You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content. Inappropriate and unauthorized inputs and uploads include, without limitation, Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines.

2. You will not upload viruses, harmful components, or any information or computer code that is intended to, or is likely to, damage, interfere with, alter intercept, or expropriate any system, this Website or its components.

3. You will not use this Website to further any illegal purpose or to violate the rights of any party.

4. You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods or services.

Jacquet will assist law enforcement officials investigating illegal activity or violations of these Terms of Use. You hereby agree to indemnify us for any and all claims whatsoever resulting from, related to or in connection with, any content that you supply to us or to this Website.

NO REPRESENTATIONS OR WARRANTIES FOR WEBSITE

Jacquet makes no representations or warranties that this Website is free of defects, errors, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this Website or Jacquet’s computer systems. The pages on this Website may contain technical inaccuracies, outdated information and typographical errors. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD JACQUET HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE.

EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY US, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ALL INFORMATION AND CONTENT MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS.” JACQUET DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION OR CONTENT THAT IS MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT DEFECTS ON THIS WEBSITE WILL BE CORRECTED. SOME JURISIDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASES THE ABOVE EXCLUSION MAY NOT APPLY.

INDEMNIFICATION FOR ACCOUNT

You are responsible for maintaining the confidentiality of your password and account, if any, and for all activities that occur under your account. Without limitation to any provision set forth in the “Interactive Areas and Code of Acceptable Conduct” section hereof, you agree to indemnify, defend and hold Jacquet harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by us or our affiliates, employees, or representatives arising out of your breach of these Terms of Use or from your account. You agree not to settle any such claim or incur any liability or admission of guilt on our behalf without our consent. We reserve the right to assume the defense and control of any matter subject to indemnification by you.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL JACQUET BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR FROM ANY INFORMATION OR CONTENT MADE AVAILABLE THROUGH THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL JACQUET’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE. SOME JURISIDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASES THE ABOVE LIMITATION MAY NOT APPLY.
JURISDICTION AND CHOICE OF LAW

Jacquet controls and manages this Website from the State of New York. Unless otherwise stated, materials and content on this Website are presented solely for promoting products in the United States of America. Information published on this Website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this Website are legal, available or appropriate in your country or region.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You and Jacquet irrevocably consent to the non-exclusive jurisdiction of the federal or state courts located in the City, County and State of New York in connection with any action arising out of or related to these Terms of Use, or this Website. You and Jacquet waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.

TRADEMARKS AND COPYRIGHTS

This Website is protected by United States and international law, including copyright and trademark laws. Nothing on this Website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Jacquet or any third party, whether by estoppel, implication, or otherwise. You may not remove or alter any proprietary notices, including copyright notices, contained on any downloadable materials, and you must comply with any and all applicable end-user license agreements. All brands and names are the property of their respective owners.

Except as otherwise noted, Jacquet is the owner of all trademarks and service marks on this Website, whether registered or not. All registered trademarks are registered in the United States of America (and other applicable jurisdictions). A partial list of the trademarks of Jacquet is as follows: JACQUET.

SEVERABILITY

If any provision or any portion of any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then such provision or portion of such provision shall be deemed severable from the remaining Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

PRIVACY

Please see our Privacy Policy for information regarding the collection and use of personal information from this Website.

GENERAL

These Terms of Use, together with our Privacy Policy, represent the entire understanding relating to the use of this Website and prevail over any prior or contemporaneous, conflicting or additional communications.

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this Website is strictly prohibited. Jacquet reserves all legal rights and remedies available to it in equity and at law and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Jacquet may have.

Unless otherwise indicated, all material on this site © Copyright 2014 Pain Jacquet SAS. All rights reserved.

CONTACT INFORMATION:

PAIN JACQUET SAS info@jacquetbakery.com