Sales Terms
Terms of Service
This Custom Scrapperz Board Order Agreement ("Agreement") is made and entered into between FreeJac Nation ("Company"), a California company located at 2550 Foothill Blvd., Oakland, CA 94601, and the purchaser of Scraper boards ("Customer") as of the date of purchase.
Product Description:
The Company agrees to manufacture and deliver a custom Scrapperz board ("Product") to the Customer. The specific design, features, and customization details of the Product are outlined in the order specifications provided by the Customer and agreed upon by the Company.
Payment and Delivery:
(a) Payment: The Customer agrees to pay the total amount specified in the order for the Product, including any applicable taxes, shipping fees, and handling costs. Payment must be made in full within 3 business days from the date of this Agreement. Failure to make payment within this period will result in the forfeiture of the project and any payment(s) made by the Customer, with no refund provided.
(b) Delivery: The Company will make reasonable efforts to deliver the completed Product to the Customer within the estimated timeframe provided. However, the Company is not responsible for delivery, including delivery expenses unless explicitly requested by the Customer and approved by the Company in writing. Any shipping and handling costs associated with the delivery will be charged to the Customer.
Intellectual Property:
(a) Company's Intellectual Property: The Customer acknowledges that all intellectual property rights related to the Product, including its design, customization options, and any Company-owned materials, remain the sole and exclusive property of FreeJac Nation.
(b) Customer's Intellectual Property: Any intellectual property rights associated with custom designs or materials provided by the Customer shall remain the property of the Customer. However, the Customer grants FreeJac Nation a non-exclusive, royalty-free license to use, reproduce, and modify such designs solely for the purpose of manufacturing the Product.
Warranty and Limitation of Liability:
(a) Warranty: FreeJac Nation warrants that the Product will be free from defects in materials and workmanship upon delivery. The warranty period shall be [insert warranty period]. If any defects are discovered within this period, the Customer must notify FreeJac Nation in writing, providing details and evidence of the defects.
(b) Limitation of Liability: The Customer acknowledges and assumes all risks associated with the use of the Product and agrees that FreeJac Nation, its officers, employees, and affiliates shall not be liable for any direct, indirect, incidental, consequential, or special damages, including personal injury or death, arising out of or in connection with the use, misuse, or inability to use the Product.
Indemnification:
The Customer agrees to indemnify, defend, and hold harmless FreeJac Nation, its officers, employees, and affiliates from and against any claims, losses, liabilities, expenses, damages, or costs, including reasonable attorney's fees, arising out of or in connection with the Customer's use of the Product.
Amendments:
No provision in the Agreement may be modified or amended, except by written consent of the Company. If any part or parts of this Agreement are found to be void or unenforceable, the remaining provisions of this Agreement will nevertheless be binding, with the same force and effect as though the void or unenforceable part or parts were deleted.
Severability:
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, and the Company and Customer agree to replace any invalid provision with a valid provision which most closely approximates the intent and economic effect of the invalid provision.
Waiver:
The waiver by Company of a breach of or default under any provision of this Agreement will not be effective unless in writing and will not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this Agreement. Further, any failure or delay on the part of Company to exercise or avail itself of any right or remedy that it has or may have hereunder will not operate as a waiver of any such right or remedy or preclude other or further exercise thereof or of any other right or remedy.
Governing Law and Dispute Resolutions:
This Agreement is to be construed in accordance with and governed by the internal laws of the State of California without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of California to the rights and duties of the Company and Customer.
Arbitration:
Any claim, dispute, or controversy arising out of or relating to this Agreement, including the breach thereof, which cannot be satisfactorily settled by the Company and Customer, will be finally and exclusively settled by confidential and binding arbitration ("Arbitration") upon the written request of Company. The Arbitration will be administered by the Judicial Arbitration and Mediation Service ("JAMS"), or other similar dispute resolution service as the Company and Customer may agree, and in accordance with the rules applied by JAMS, or other rules as the Company and Customer may agree. The Arbitration will be conducted by one arbitrator selected by the Company and Customer; and, if the Company and Customer cannot agree, by JAMS. The place of the Arbitration will be Oakland, California. The arbitration award will be final and binding upon the Company and Customer, and judgment upon such award may be entered in any court having jurisdiction thereof. In the event that any action is brought pursuant to this Section by either the Company or Customer as a result of breach or default of any provision of this Agreement, and the arbitrator determines that there is a "prevailing party," the prevailing party in said action shall be awarded its costs and reasonable attorneys' fees, in addition to any other relief the party may be awarded; otherwise, the Company and Customer shall bear their own costs and expenses.
Entire Agreement:
This Agreement constitutes the entire understanding and agreement between FreeJac Nation and the Customer with respect to the subject matter herein and supersedes any prior agreements or understandings, whether written or oral. This Agreement will be binding upon and inure to the benefit of the Company and Customer, and their respective heirs, successors, and assigns.
By making a purchase on the website, the Customer hereby acknowledges and agrees to the terms and conditions set forth in this Custom Scrapperz Board Order Agreement.
This Custom Scrapperz Board Order Agreement ("Agreement") is made and entered into between FreeJac Nation ("Company"), a California company located at 2550 Foothill Blvd., Oakland, CA 94601, and the purchaser of Scraper boards ("Customer") as of the date of purchase.
Product Description:
The Company agrees to manufacture and deliver a custom Scrapperz board ("Product") to the Customer. The specific design, features, and customization details of the Product are outlined in the order specifications provided by the Customer and agreed upon by the Company.
Payment and Delivery:
(a) Payment: The Customer agrees to pay the total amount specified in the order for the Product, including any applicable taxes, shipping fees, and handling costs. Payment must be made in full within 3 business days from the date of this Agreement. Failure to make payment within this period will result in the forfeiture of the project and any payment(s) made by the Customer, with no refund provided.
(b) Delivery: The Company will make reasonable efforts to deliver the completed Product to the Customer within the estimated timeframe provided. However, the Company is not responsible for delivery, including delivery expenses unless explicitly requested by the Customer and approved by the Company in writing. Any shipping and handling costs associated with the delivery will be charged to the Customer.
Intellectual Property:
(a) Company's Intellectual Property: The Customer acknowledges that all intellectual property rights related to the Product, including its design, customization options, and any Company-owned materials, remain the sole and exclusive property of FreeJac Nation.
(b) Customer's Intellectual Property: Any intellectual property rights associated with custom designs or materials provided by the Customer shall remain the property of the Customer. However, the Customer grants FreeJac Nation a non-exclusive, royalty-free license to use, reproduce, and modify such designs solely for the purpose of manufacturing the Product.
Warranty and Limitation of Liability:
(a) Warranty: FreeJac Nation warrants that the Product will be free from defects in materials and workmanship upon delivery. The warranty period shall be [insert warranty period]. If any defects are discovered within this period, the Customer must notify FreeJac Nation in writing, providing details and evidence of the defects.
(b) Limitation of Liability: The Customer acknowledges and assumes all risks associated with the use of the Product and agrees that FreeJac Nation, its officers, employees, and affiliates shall not be liable for any direct, indirect, incidental, consequential, or special damages, including personal injury or death, arising out of or in connection with the use, misuse, or inability to use the Product.
Indemnification:
The Customer agrees to indemnify, defend, and hold harmless FreeJac Nation, its officers, employees, and affiliates from and against any claims, losses, liabilities, expenses, damages, or costs, including reasonable attorney's fees, arising out of or in connection with the Customer's use of the Product.
Amendments:
No provision in the Agreement may be modified or amended, except by written consent of the Company. If any part or parts of this Agreement are found to be void or unenforceable, the remaining provisions of this Agreement will nevertheless be binding, with the same force and effect as though the void or unenforceable part or parts were deleted.
Severability:
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, and the Company and Customer agree to replace any invalid provision with a valid provision which most closely approximates the intent and economic effect of the invalid provision.
Waiver:
The waiver by Company of a breach of or default under any provision of this Agreement will not be effective unless in writing and will not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this Agreement. Further, any failure or delay on the part of Company to exercise or avail itself of any right or remedy that it has or may have hereunder will not operate as a waiver of any such right or remedy or preclude other or further exercise thereof or of any other right or remedy.
Governing Law and Dispute Resolutions:
This Agreement is to be construed in accordance with and governed by the internal laws of the State of California without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of California to the rights and duties of the Company and Customer.
Arbitration:
Any claim, dispute, or controversy arising out of or relating to this Agreement, including the breach thereof, which cannot be satisfactorily settled by the Company and Customer, will be finally and exclusively settled by confidential and binding arbitration ("Arbitration") upon the written request of Company. The Arbitration will be administered by the Judicial Arbitration and Mediation Service ("JAMS"), or other similar dispute resolution service as the Company and Customer may agree, and in accordance with the rules applied by JAMS, or other rules as the Company and Customer may agree. The Arbitration will be conducted by one arbitrator selected by the Company and Customer; and, if the Company and Customer cannot agree, by JAMS. The place of the Arbitration will be Oakland, California. The arbitration award will be final and binding upon the Company and Customer, and judgment upon such award may be entered in any court having jurisdiction thereof. In the event that any action is brought pursuant to this Section by either the Company or Customer as a result of breach or default of any provision of this Agreement, and the arbitrator determines that there is a "prevailing party," the prevailing party in said action shall be awarded its costs and reasonable attorneys' fees, in addition to any other relief the party may be awarded; otherwise, the Company and Customer shall bear their own costs and expenses.
Entire Agreement:
This Agreement constitutes the entire understanding and agreement between FreeJac Nation and the Customer with respect to the subject matter herein and supersedes any prior agreements or understandings, whether written or oral. This Agreement will be binding upon and inure to the benefit of the Company and Customer, and their respective heirs, successors, and assigns.
By making a purchase on the website, the Customer hereby acknowledges and agrees to the terms and conditions set forth in this Custom Scrapperz Board Order Agreement.
