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Terms of Use

Effective Date of Current Policy: August 1, 2012

NATHAN INTERNATIONAL, Inc., d/b/a Jatalo ("Jatalo," "we," "our," or "us") operates the website located at www.jatalo.com (the "Site"). The use of the Site is subject to the following terms and conditions (the "Terms of Use"). Please read these Terms of Use carefully. By using this Site, you agree to these Terms of Use as well as any other terms that apply to any part of this Site, without limitation or qualification. If you have questions about the Terms of Use, please contact us at info@jatalo.com.

 

Privacy

We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information.

 

Electronic Communications

When you visit the Site, send us emails, or contact us through our other brand properties, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by email or through a more convenient medium. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

 

Copyright

Images of people, places and/or products posted on this Site are either the property of Jatalo, or are used by us with prior and/or granted permission. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of Jatalo or its partners or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of Jatalo and is protected by United States and international copyright laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at info@jatalo.com.

 

Trademarks

All trademarks, service marks, and trade names (collectively the "Marks") that appear on this Site are proprietary to Jatalo, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Jatalo, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.

 

Limited License & Site Access

We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial or adapted personal use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.

 

Accounts & Registration

If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or provide us with any information, you agree to complete the account initiation, registration, or other process by providing us with current, complete, and accurate information as requested by any forms. You agree that you will provide true, current, complete, and accurate information in connection with any inquiry, quote request, or other request for information. Jatalo is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control or Jatalo.

You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a "Password") is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access the Site using such Password. You agree to notify Jatalo immediately of any unauthorized use of any Password that is not issued directly to you or approved by us. You acknowledge and agree that Jatalo, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use any portion of this Site at any time without notice to you. Jatalo cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site. You should use caution when posting any information, including proprietary information and personally identifiable information, to this Site.

 

Content You May Submit to Jatalo

From time to time Jatalo may make available on this Site bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. In such instances, Jatalo welcomes your comments regarding our products and services, including our Site. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to Jatalo must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.

Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to Jatalo will become, upon your submission, the sole and exclusive property of Jatalo  and Jatalo shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Site, you are agreeing and you do agree that Jatalo has the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to Jatalo. By submitting any materials of any kind to Jatalo, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to Jatalo does not and will not violate or infringe the rights of any third-parties.

You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. Jatalo does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorized Company spokespersons, and their views do not necessarily reflect those of Jatalo. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except as otherwise may be stated in our Privacy Policy. Anything you transmit or post may be used by Jatalo or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Jatalo is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

You agree to fully indemnify Jatalo, its shareholders, officers, directors, employees, agents, distributors, vendors, and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of any of these terms and conditions, including, but not limited to, any allegations, damages or claims relating to any of your postings or communications in any forums or facilities on the Site, or for infringement or violation of any third-party rights.

 

Monitoring

Jatalo has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Jatalo has no obligation to display or post any content. Jatalo, subject to the Privacy Policy referenced above, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. Jatalo shall have no liability in connection with any content or content submitted to, transmitted via, or displayed or posted on this Site, regardless of whether provided by Jatalo or any other party.

 

Digital Millennium Copyright Act

Jatalo expects all users to respect the intellectual property rights of others. Jatalo may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you believe a work protected by a U.S. copyright that you own has been posted on this Site without authorization, you may notify us at info@jatalo.com.

 

Risk of Loss

All products purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Links to Other Websites

Please be aware that we are not and cannot make any claim or representation regarding, and we accept no responsibility for, the quality, content, nature or reliability of web sites accessible from this Site, or web sites linking to this Site.

This Site is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care. You agree to be responsible for their use of this website.

 

DISCLAIMER

ALL CONTENT CONTAINED ON THIS SITE, INCLUDING TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, JATALO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, WHETHER PROVIDED OR OWNED BY JATALO OR BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, JATALO DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT, AND YOU MAY NOT RELY ON THE CONTENT ACCESSIBLE VIA THIS SITE.

 

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JATALO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES WITH REGARD TO THE CONTENT CONTAINED ON THIS SITE;(II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR JATALO'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS A RESULT OF YOUR USE OF OR RELIANCE ON THE CONTENT CONTAINED ON THIS SITE, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JATALO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS JATALO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND THIRD PARTY PARTNERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM: (1) YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY CONTENT SUBMITTED OR TRANSMITTED BY YOU VIA THE SITE; (2) ANY USE OF ANY PASSWORD CHOSEN BY OR ISSUED TO YOU; OR (3) ANY VIOLATION BY YOU OF: (A) THESE TERMS OF USE; (B) JATALO'S PRIVACY POLICY; (C) ANY OTHER TERMS, GUIDELINES OR RULES APPLICABLE TO THE SITE; (D) ANY RIGHTS OF ANY OTHER PERSON OR ENTITY; OR (E) ANY APPLICABLE LAWS, RULES, OR REGULATIONS.

 

Termination

Notwithstanding any of these Terms of Use, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms of Use will still apply.

 

Governing Law

These Terms of Use and the relationship between you and Jatalo shall be governed by the laws of the State of Texas as if you signed these Terms of Use in Texas. The provisions of these Terms of Use that conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in and for Texas for exclusive jurisdiction of any dispute arising out of or related to your use of the Site or your breach of these Terms of Use.

 

Software

To the extent applicable, software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) any other country to which the United States has embargoed goods; or (ii) anyone to the United States Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Deny Orders. If applicable, by downloading or using software on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.

 

Right to Update

From time to time we review these Terms of Use to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms of Use at any time. You will know if these Terms of use have been revised since your last visit to the website by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our website constitutes your acceptance of the terms of these Terms of Use as amended or revised by us from time to time, and you should therefore review these Terms of Use regularly to ensure that you are aware of its terms.

 

Severability

If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

 

Entire Agreement

These Terms of Use constitute the entire agreement between the user and Jatalo with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.