TERMS AND CONDITIONS

 

Please read these terms and conditions (hereinafter, “Terms and Conditions”) carefully to ensure you fully understand each and every provision.

 

I. Your Acceptance

 

A.  Welcome to 2J Supply, Inc.’s (hereinafter, “2J Supply”, “us”, “our” or “we”) e-commerce website.  The term “you” is used throughout these Terms and Conditions and represents the person or company who is using or visiting our website, www.2-JOnline.com (hereinafter, the “Site”), or the person or company placing an order for products through the Site.  By using or visiting the Site or placing an order for products and services through the Site, you signify your acceptance and agreement to be bound by (1) these Terms and Conditions and (2) our Privacy Policy.  All provisions of our Privacy Policy are specifically incorporated herein by reference.  If you register for an account through our Site, additional rules, policies, terms, conditions and disclaimers may apply.

 

B.  We may update these Terms and Conditions from time to time in our sole and absolute discretion without notice.  Any changes, revisions, modifications or amendments to these Terms and Conditions will be effective thirty (30) days following posting.  Although we may try and notify you when major changes are made to these Terms and Conditions, we are under no obligation to do so and you are responsible for staying informed of any changes to these Terms and Conditions and should periodically review the Terms and Conditions page of our Site for the most up-to-date version.  Each time you use or visit our Site, you reaffirm your acceptance of the then-current Terms and Conditions, and your agreement to be bound hereby.  Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.  These Terms and Conditions will be displayed on the Site at the time you place an order for goods or services and will apply to all orders.

 

C.  If you do not agree to be bound by these Terms and Conditions, or any subsequent changes, revisions, modifications or amendments, do not use this Site or register for an account.

 

II. Eligibility

 

These Terms and Conditions apply to all users of our Site.  By using our Site, you represent and warrant that you have reached the age of majority where you live and that you have the legal ability to agree and accept to these Terms and Conditions and to use our Site in accordance with these Terms and Conditions.

 

III. Use of Site and User Conduct

 

A.  Use of Site:  2J Supply hereby grants you permission to access the Site; however, you agree that you will comply with all applicable local, state, federal and international laws and regulations that relate to your use of the Site or your activities while accessing the Site.  You shall not, without the prior express written consent of 2J Supply:

 

  1. distribute, in any medium, any part our Site content to any third-party;

 

  1. copy or reproduce any of our Site content to any third-party;

 

  1. alter, amend, modify or re-post our Site content.

 

B.  User Conduct:  In addition to the above, you further agree:

 

  1. Not to use or launch any automated systems, including without limitation, “robots”, “spiders”, or “offline readers” that accesses our Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period of time by using a conventional on-line web browser; and

 

  1. Not to upload or otherwise transmit any viruses, or any other destructive, disruptive or malicious files or computer code to the Site or its servers; and

 

  1. Not to gain, or attempt to gain, unauthorized access to any part of the Site, the servers where the Site is stored, or any server, computer or database connected to the Site; and

 

  1. Not to disrupt, interfere with, alter, circumvent or otherwise disable the security-related features of the Site; and

 

  1. Not to disrupt, interfere with, or otherwise abuse the Site, or any of the services, accounts, servers or networks connected to or accessible through the Site, including, without limitation, any affiliated or linked websites; and

 

  1. Not to dispute or interfere with, in any way, any other user’s access or enjoyment of the Site; and

 

  1. Not to copy, use, post, frame or utilize, in any way, any 2J Supply logo, trademark, or other proprietary information (including, without limitation, images found on the Site, the content of the Site, and the Site layout/appearance) without the express prior written consent of 2J Supply; and

 

  1. Not to post any content or material that infringes on the intellectual property rights, privacy rights, publicity rights, trade mark rights or trade secret rights of 2J Supply or any third party; and

 

  1. Not to post any material or content that is unlawful, obscene, sexually oriented, defamatory, slanderous, threatening, harassing, abusive, hateful or embarrassing to any other person or entity, and 2J Supply shall determine, in its sole and absolute discretion, if any posted material violates this section; and

 

  1. Not to impersonate any other person, or otherwise create a false identity, to use, purchase and/or access the products, services or Site content; and

 

  1. Not to share your user account information with any other person, or otherwise allow any other person or entity, besides yourself, to use your account to access the Site; and

 

  1. Not to collect, harvest or store any personal information and personal data of others, including, but not limited to, names, addresses, phone numbers, email addresses and account history.

 

IV. Monitoring of Access; Termination of Account

 

A.  Monitoring of Access:  2J Supply has the right, and hereby reserves the right, to do any or all of the following:

 

  1. Monitor, record and store any content or dialogue posted on any pages of the Site or any affiliated or linked webpages; and

 

  1. Monitor, record and store any information and data related to user access or activity conducted on the Site; and

 

  1. Investigate a claim or allegation that you or any user has violated these Terms and Conditions and, in its sole and absolute discretion, terminate your access to the Site and/or cancel your account; and

 

  1. Investigate a claim or allegation that you or any user has posted anything on the Site that does not conform to these Terms and Conditions, and, in its sole and absolute discretion, terminate your access to the Site and/or cancel your account; and

 

  1. Remove any posting or content that it deems, in its sole and absolute discretion, to be illegal, abusive or disruptive; and

 

  1. Terminate your access to the Site and/or cancel your account upon any breach of these Terms and Conditions or any other terms, conditions or requirements applicable to you; and

 

  1. Edit, delete or remove any posting or content contained on the Site, whether or not said posting or content violates these Terms and Conditions; and

 

  1. In our sole and absolute discretion, and in accordance with our Privacy Policy, disclose your information, including your personal identifiable information, to a third party who claims that material posted by you violates their rights, including but not limited to, their intellectual property or privacy rights.

 

  1. Cooperate fully with any law enforcement agency or court order requesting, demanding or requiring 2J Supply to disclose the identity or other personal identifying information of anyone posting any material or content on or through the Site.  YOU, FOR YOURSELF, YOUR representatives, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, agents, servants, principals, partners, and attorneys, and all of their respective heirs, executors, predecessors, successors and assigns, HEREBY RELEASE, INDEMNIFY AND HOLD HARMLESS 2J SUPPLY FROM ANY AND ALL CLAIMS, ACTIONS, DEMANDS, losses, causes of action, liabilities, damages, costs, attorney’s fees and expenses, whether in law or in equity, whether known or unknown, that relate to or arise out of any action taken by 2J SUPPLY during, or as a result of, its investigations and from any actions taken as a consequence of its investigations by 2J SUPPLY, law enforcement, or any other third party.

 

B.  Termination of Account

 

2J Supply has the right to terminate your account and/or terminate your access to the Site at any time, for any reason or no reason at all, including but not limited to: (1) if 2J Supply considers, in its sole and absolute discretion, your use of the Site to be unacceptable; (2) any violation of these Terms and Conditions; or (3) any violation of any other terms, conditions or restrictions on your account or use of the Site that are specific to you.  You are not entitled to any advanced notice, or any notice at all, of the intention of 2J Supply to either terminate your account or terminate your access to the Site, or both.

 

V. Payment

 

You shall pay for all invoices for purchased products in accordance with stated terms.  Interest will be assessed on all delinquent invoices at the rate of two percent (2.00%) per month / twenty-four percent (24%) A.P.R. together with any court costs, attorney’s fees and other costs of collection incurred by 2J Supply in enforcing these Terms and Conditions.

 

VI. Refunds

 

Returns of purchased products can be made within thirty (30) days of original purchase, if the product is still in its original packaging.  Electronic parts are not eligible to be returned.  Returns will be credited to your account in the same form payment was processed.  Returns are subject to a restocking fee for non-stock items, up to fifty percent (50%) of the purchase price.  You are responsible for payment of shipping of the product being returned, if applicable.

 

VII. Delivery / Shipping Policy

 

There is no charge for shipping for stock items using 2J Supply’s trucks.  Shipments under Two Hundred and Fifty Dollars ($250.00) that are shipped via a third party company are subject to a shipping fee.  Freight charges can be incurred for special orders.

 

 

 

 

VIII. Changes to the Site

 

2J Supply may, in its sole and absolute discretion, change, amend, alter, modify, improve, update, suspend, terminate or discontinue any aspect of the Site, including any products or services available on or through the Site, temporarily or permanently, at any time without notice to you. 2J Supply may also, in its sole and absolute discretion, change, amend, alter, modify, improve, update, suspend, terminate or discontinue any feature of the Site, including but not limited to, the availability or continuation of access to certain parts of the Site, temporarily or permanently, at any time without notice to you.  You hereby expressly agree that 2J Supply shall not be liable to you for any claims, actions, demands, losses, causes of action, liabilities, damages, costs, attorney’s fees and expenses as a result of any changes to the Site, or any direct, indirect, consequential or special damages in relation to the contents of, the use of, or availability/unavailability of the Site.

 

IX. Linked Sites

 

If the Site contains hyperlinks to other websites and resources provided by third parties, these hyperlinks are provided for your convenience only.  This includes, but is not limited to, any hyperlinks contained in advertisements, banners and sponsored links.  2J Supply has no control of these hyperlinked websites and resources and has no control over the content contained in these hyperlinked websites and resources.  2J Supply makes no claim, representation or warranty on the content, nature, quality, accuracy or reliability of the content or information contained in these hyperlinked websites and resources, and accepts no responsibility for any loss or damage that may arise from your use of them.  The inclusion of any hyperlink on the Site does not imply affiliation, connection, endorsement or adoption by 2J Supply of the hyperlinked website or any information contained therein.  If you choose to leave our Site and access any of the third-party websites linked to the Site, you do so entirely at your own risk and are subject to the terms and conditions of use of the third-party website.      

 

X. Copyrights and Trademarks

 

A.  Copyright:  2J Supply holds the copyright to all Site materials, including but not limited to, the 2J Supply’s name, logos, designs, text, graphics, software, algorithms, video files, audio files and other files, and the selection and arrangement of the same (hereinafter, “Protected Material”).  2J Supply, its suppliers, licensors and manufacturers own and retain the proprietary rights in all products available through the Site.  You shall not, without the prior and express written consent of 2J Supply: (1) reproduce, copy, distribute, download, post, transmit, sell, resell, or make commercial use of, any Protected Material; (2) create derivative works from any part of the Protected Material; (3) modify the Protected Material in any way; or (4) remove, delete or alter any copyright, trademark or other proprietary rights notices from copies of Protected Material.

 

B. Trademarks:  The 2J Supply name and logo, service marks and service names are trademarks of 2J Supply.  You may not use, copy or display such marks without the prior and express written consent of 2J Supply.  Any other names and logos that appear on the Site are the trademarks of their respective owners. 

 

C.  Copyright Protection:  2J Supply respects the copyrights and trademarks of others.  If you believe that 2J Supply is using or displaying any content, information or material that infringes on your copyright, you may request that content, information or material be removed from the Site.  If you believe that 2J Supply has infringed on your copyright, please notify 2J Supply and provide the following information:   

 

1.   Identify the copyrighted work that you believe to be infringed (please describe the work and, if possible, provide a copy or the location (i.e. a URL) of an authorized version of the work); and

 

2.   Identify the material you believe to be infringing on the copyright so we can locate it on the Site; and

 

3.   Provide your full name, address, telephone number and email address; and

 

4.  A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, their licensee or agent, or the law; and

 

5.   A signed, sworn statement made under penalty of perjury that the information that you have supplied is accurate and you are the copyright owner or are authorized to act on behalf of the copyright owner.

 

Please direct and send the above-requested information to 2J Supply, c/o ______________________, at: ______________________________________________.

 

XI. Legal Disclaimers

 

The Site is provided to you “as is” without any representations or warranties, express or implied.  2J Supply makes not representations or warranties in relation to this Site or the information and materials provided on the Site.  Without limited the foregoing sentence, 2J Supply does not warrant that the Site will be constantly and consistently available to you.

 

2J Supply makes no warranty as to the reliability, accuracy, usefulness, adequacy, completeness or suitability of the Site.  Although 2J Supply strives to prevent the introduction of viruses or other destructive materials to the Site, 2j supply does not warrant, guarantee, promise or make any representation that the Site or files available through the Site are free of infection by viruses, worms, Trojan horses or other destructive codes with destructive properties.  2J Supply also does not warrant, guarantee, promise or make any representation that the Site will be uninterrupted, timely, secure, or error-free or that defects in the Site will be corrected.  2J Supply does not, and cannot, warrant or guarantee against human or machine errors, omissions, delays, interruptions or losses, including data loss.

 

Indemnification: To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless 2J Supply, its parent corporations, affiliates, subsidiaries, officers, directors, employees, agents, assigns and licensees from and against any and all claims, damages, obligations, losses, liabilities, costs, debts and expenses, including reasonable attorney’s fees, arising from, or alleged to result from: (1) your violation of these Terms and Conditions; (2) your use of the Site; (3) your use of any information obtained from the Site; (4) your violation of any third party right, including but not limited to any copyright, property or privacy right.

 

The terms of this Section XI shall survive any termination of the Terms and Conditions and your use of the Site.

 

XII. Third Party Rights

 

These Terms and Conditions are between you and 2J Supply, and only you and 2J Supply have the right to enforce any of the provisions herein.  Nothing in these Terms and Conditions provide any rights to third parties and no third party shall be entitled or have the right to enforce any of these Terms and Conditions.

 

XIII. Applicable Law, Venue and Arbitration

 

These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of Ohio without giving effect to the provisions, policies, or principles therefor relating to choice of law or conflict of laws.  You agree that any dispute or action in enforcement arising out of these Terms and Conditions shall be solely and exclusively brought in the Court of Common Pleas of Montgomery County, Ohio, or the United States District Court for the Southern District of Ohio, and except as stated herein you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of the Terms and Conditions.

 

XIV. General

 

These Terms and Conditions constitute the entire agreement between 2J Supply and you regarding your use of the Site and the purchase of any products or services offered through the Site.  Any waiver by 2J Supply of a breach of any provision of these Terms and Conditions shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms and Conditions.  The failure of 2J Supply to insist upon strict adherence to any provision of these Terms and Conditions on one or more occasions shall not be considered a waiver or deprive 2J Supply of the right thereafter to insist upon strict adherence to that provision or any other provision of these Terms and Conditions.  The section headings contained in these Terms and Conditions are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms and Conditions.  In case any provision of these Terms and Conditions shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof will not in any way be affected or impaired thereby. 

 

Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, independent contractor or agency relationship between you and 2J Supply, and you do not have any authority to bind, create any obligation, or make any representation on 2J Supply’s behalf.  You shall not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without the prior express written consent of 2J Supply.  2J Supply may assign, transfer, or subcontract any of our rights or obligations under these Terms and Conditions to any third party in 2J Supply’s sole and absolute discretion.  These Terms and Conditions shall be binding upon you and 2J Supply, and shall inure to the benefit of their respective heirs, executors, administrators, successors and assigns.     

 

XV. Notice

 

2J Supply may deliver notice to you under these Terms and Conditions using the information provided by you when creating your account, including, but not limited to, electronic mail or written communication sent to your address and delivered by first class U.S. mail.  As an alternative, we may deliver notice to you by posting a general notice on the Site.  You may give notice to 2J Supply at any time via electronic mail or sending a written communication to 2J Supply, c/o ___________________________, at: _________________________.

 

 

Updated __________________, 2019

 

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