Effective as of 1st of August 2019.
By downloading, accessing, or using the Jackson Electronic Platforms, you also represent that you are at least 18 years old or you are at least the minimum legal age to enter into an enforceable contract in the jurisdiction in which you are using the Jackson Electronic Platforms. In addition, when you use any future version of the Jackson Electronic Platforms or any changes made a part of any current version, you acknowledge and agree that you also will remain subject to this Agreement (as amended). Please print a current copy of this Agreement for your records.
Please also note that Jackson reserves the right to change the terms and conditions of this Agreement by posting a revised Agreement or mailing and/or e-mailing notice thereof to you. Your continued use of the Jackson Electronic Platforms following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this Agreement. Accordingly, please review the Agreement found at this location on a periodic basis.
Jackson and all other names, logos, and icons identifying Jackson and its programs, products, and services, including any logos, page headers, icons, designs, or trade dress and whether not appearing in large print or with an accompanying symbol, are proprietary trademarks of Jackson and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners. Any use of such marks without the express written permission of Jackson is strictly prohibited, and nothing stated or implied on the Jackson Electronic Platforms confers on you any license or right under any trademark of Jackson or any third party.
Jackson’s website, catalogs, marketing and sales materials may refer to some or all of the following third party trademarks as used, applied for or registered in the U.S.:
Jackson’s patents include the following: change-safe pocket design (M’s Tropical Flats Pants & Shorts and Gi II Pants & Shorts) protected under U.S. patent #5,638,549;
The Jackson Electronic Platforms are Copyright © 2000 – 2019 Jackson, Inc. and/or its licensors. All rights reserved.
All text, images, photographs, graphics, user interface, and other content provided on the Jackson Electronic Platforms, the “look and feel” of such content, and the selection, coordination, and arrangement of such content, are owned by Jackson or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Jackson also holds rights in the contents on the Jackson Electronic Platforms as a compilation or collective work. Any downloadable or printable programs, information, or materials available through the Jackson Electronic Platforms and all intellectual property and/or proprietary rights related thereto, unless otherwise expressly indicated in writing, are owned exclusively by Jackson and/or its licensors or suppliers.
Nothing stated or implied on the Jackson Electronic Platforms confers on you any further license or right under any copyright of Jackson or any third party. The Jackson Electronic Platforms and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Jackson Electronic Platforms, or use the contents of the Jackson Electronic Platforms in litigation, or for any commercial or promotional purposes, without the express written consent of Jackson or its lawful successors and assigns. For usage permission beyond what is set forth herein, please contact us.
Notice of Copyright Infringement
Jackson respects the intellectual property of others. When we become aware of allegations of copyright infringement in material distributed through the Jackson Electronic Platforms, we will investigate the allegations and take appropriate action. This responsive action can include, without limitation and particularly in the case of individuals who repeatedly infringe the copyrights of others, termination of access privileges.
You acknowledge that you may be liable for damages, including attorneys’ fees and costs, if you materially misrepresent that a work or activity is infringing your rights. If Jackson terminates or suspends a user’s access to or use of the Jackson Electronic Platforms, Jackson will make a good-faith attempt (as warranted) to contact the person who posted the content so that they may make counter notification pursuant to applicable laws. It is Jackson’s policy to document all notices of alleged infringement upon which Jackson decides to take action. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make such notice available to the public, including as a part of legal proceedings.
If you believe that your work has been copied and is accessible on the Jackson Electronic Platforms in a way that constitutes copyright infringement, please provide Jackson’s Copyright Agent with the following information:
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the allegedly infringing material on the Jackson Electronic Platforms that is requested to be removed;
- Your name, address, and daytime telephone number, and an e-mail address if available, so that Jackson may contact you, if necessary;
- A statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed, and
- An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Jackson’s Copyright Agent for notice of claims of copyright infringement on the Jackson Electronic Platforms is Jackson’s General Counsel, who can be reached as follows:
Jackson Kayak General Counsel
E-mail: privacyandterms@Jacksonkayak.com ???
Counter notification, as permitted by applicable law, may be sent to Jackson’s Copyright Agent. All counter notifications must include responsive information to what is set forth above, including any required statements or signatures.
License and Access to Jackson Electronic Platforms
Jackson grants you a limited license to access and make personal use of the Jackson Electronic Platforms and not to download (other than browser-required page caching) or modify the Jackson Electronic Platforms, or any portion of them, except with express written consent of Jackson. Accordingly, you expressly acknowledge and agree that Jackson transfers no ownership or intellectual property interest or title in and to the Jackson Electronic Platforms (or any part thereof) to you or anyone else. You may print and download materials and information from the Jackson Electronic Platforms solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. But, this license does not include any resale or commercial use of the Jackson Electronic Platforms or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Jackson Electronic Platforms or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
The content layout, formatting, and features of and access privileges for the Jackson Electronic Platforms shall be as specified by Jackson in its sole discretion. You also acknowledge and agree to the following: (i) Jackson has the right to control and direct the means, manner, and method by which the Jackson Electronic Platforms are provided; (ii) Jackson may, from time-to-time engage independent contractors, consultants, or subcontractors to aid Jackson in providing the Jackson Electronic Platforms or use thereof; and (iii) Jackson has the right to provide the Jackson Electronic Platforms to others.
Notwithstanding the license grant herein, neither the Jackson Electronic Platforms nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Jackson. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Jackson and our affiliates without express written consent. In addition, you may not use metatags or any other hidden text using Jackson’s name or trademarks without the express written consent of Jackson. Any unauthorized use terminates the permission or license granted by Jackson.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink (utilizing only the plain characters for Jackson’s domain address) to any page of Jackson so long as the link does not portray Jackson or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Jackson logo or other proprietary graphic or trademark as part of the link without express written permission.
Other Terms and Conditions
Additional notices, terms, and conditions may apply to the purchase, return, or delivery of products. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this Agreement and other notices, terms, and conditions posted to the Jackson Electronic Platforms, Jackson shall resolve any conflict in good faith in its sole discretion, but the latter terms shall generally control with respect to your use or purchase of that product.
Links to Third Party Web Sites
The Jackson Electronic Platforms may contain hyperlinks (“links”) to Web sites operated by persons or entities other than Jackson (“third-party Web Sites”). We provide such links for your reference and convenience only. A link from Jackson to a third-party Web site does not imply or mean that we endorse the content on that third-party Web site or the operator or operations of that Web site. You are solely responsible for determining the extent to which you use any content at any third-party Web Sites to which you might link from the Jackson Electronic Platforms. Jackson IS ALSO NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
Feedback and Submissions
Jackson welcomes your feedback and suggestions about Jackson’s programs or services or with respect to how to improve the Jackson Electronic Platforms. By transmitting any such suggestions, information, material, or other content (collectively, “feedback”) to Jackson, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Jackson and enable Jackson to use such feedback. In addition, any feedback received through the Jackson Electronic Platforms will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Jackson to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
The Jackson Electronic Platforms may offer certain tools, handheld offerings, or services that are available to you via your mobile phone or other mobile device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Jackson Electronic Platforms shall be in accordance with this Agreement.
Postings & Reviews
The Jackson Electronic Platforms may contain blogs, message boards, comment areas, questionnaires, review areas, and other interactive features and functionality where users can share and post information. To the extent that the Jackson Electronic Platforms contain such communication forums (collectively, “Forums”), you agree that by using the Jackson Electronic Platforms you will not upload, post, display, or transmit any of the following materials on the Jackson Electronic Platforms’ Forums:
- Anything that interferes with or disrupts the Jackson Electronic Platforms or the operation thereof,
- Statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way violates the rights of others,
- Unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
- Statements or material that violates other contractual or fiduciary rights, duties, or agreements,
- Statements or material that is bigoted, hateful, or racially offensive,
- Statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
- Statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
- Statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
- Statements or material that harms minors,
- Statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Jackson,
- Statements or material that misrepresents your affiliation with any entity and/or Jackson,
- Anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual,
- Chain letters or pyramid schemes,
- Statements or materials that are deceptive or misleading,
- Statements or material that constitute junk mail, spam, or unauthorized advertising or promotional materials,
- Statements or material that are “off-topic” for a designated Forum, and
- Files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Jackson Electronic Platforms.
Forums are the resources and property of Jackson and/or its licensors, and you will not have any proprietary interest in any Forum. Moreover, by submitting content or information of any type (a “Posting”) to a Forum or other portion of the Jackson Electronic Platforms or by otherwise using the Jackson Electronic Platforms to transmit or display a Posting, you automatically grant Jackson a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You represent that you have all necessary rights to make the Posting available to Jackson and a Forum, and you also acknowledge that such Postings are non-confidential for all purposes and that Jackson has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the Jackson Electronic Platforms Jackson has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, Jackson assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information.
Jackson is not responsible for screening, policing, editing, or monitoring your or another user’s Postings and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to Jackson’s right and ability to delete or remove a Posting (or any part thereof), Jackson does not endorse, oppose, or edit any opinion or information provided by you or another user and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other user. Nevertheless, Jackson reserves the right to monitor, delete, or take other action with respect to Postings (or parts thereof) that Jackson believes in good faith violate this Agreement and/or are, or are potentially, unlawful or harmful to Jackson or its affiliates, volunteers, services, or goodwill. If you violate this Agreement, Jackson may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the Jackson Electronic Platforms or provide your personal information to third parties to enable them to take legal action in respect of unlawful or infringing content published by you on Jackson Electronic Platforms.
You agree to comply with all applicable law in connection with your use of the Jackson Electronic Platforms, and such further limitations as may be set forth in any written or on-screen notice from Jackson (provided in connection with your use of the Jackson Electronic Platforms). As a further condition of your use of the Jackson Electronic Platforms, you warrant that you will not use the Jackson Electronic Platforms for any purpose that is unlawful or prohibited by this Agreement. You access the Jackson Electronic Platforms on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Jackson Electronic Platforms. All information that you provide in response to a request or in connection with a purchase or transaction or other monetary transaction interaction with the Jackson Electronic Platforms will be accurate, complete, and current.
Registration as a user for access to certain areas of the Jackson Electronic Platforms or in connection with recurring visits or purchasing may require both a user name and a password or adherence to other particular access requirements as designated by Jackson. Only one user can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons, institutions, or entities because anyone with knowledge of both your user name and password can gain entry to the restricted portions of the Jackson Electronic Platforms and to your account. Accordingly, by using the Jackson Electronic Platforms, you agree to consider your user name and password as confidential information and to keep your user name and password confidential. You will immediately notify Jackson if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. Jackson will not be liable for any loss or damage arising from your failure to comply with these obligations. Jackson reserves the right to delete or change a user name or password at any time and for any reason. Notwithstanding the foregoing, nothing herein shall convey to you any further rights in your account or its information and any and all such content or information shall be subject to this Agreement.
By using the Jackson Electronic Platforms, you agree not to violate or attempt to violate the security of the Jackson Electronic Platforms, including, without limitation, actions such as:
- Accessing data not intended for you or logging into a server or account that you are not authorized to access;
- Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Jackson Electronic Platforms;
- Sending unsolicited e-mail, including promotions and/or advertising of products or services; and
- Forging any TCP/IP packet header or any part of the header information in any e-mail or Posting.
Actual or attempted unauthorized use of the Jackson Electronic Platforms may result in criminal and/or civil prosecution. Jackson reserves the right to view, monitor, and record activity on the Jackson Electronic Platforms without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the Jackson Electronic Platforms. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Jackson Electronic Platforms as well as to disclosures required by or under applicable law or related government agency actions. Jackson will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, Jackson reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Jackson Electronic Platforms, or any portion of the Jackson Electronic Platforms in order to protect the Jackson Electronic Platforms, Jackson, or Jackson’s business or goodwill.
Security of Information
You also acknowledge and agree that use of the Internet and access to the Jackson Electronic Platforms is solely at your own risk. While Jackson has endeavored to create a secure and reliable environment(s), you should understand that the confidentiality of any communication or material transmitted to/from the Jackson Electronic Platforms over the Internet or other form of global communication network is outside Jackson’s control and cannot be guaranteed. Accordingly, Jackson is not responsible for the security of any information transmitted to or from the Jackson Electronic Platforms.
Disclaimer of Warranties and Limitations on Liability
The Jackson electronic platforms are provided by Jackson on an “as is” and “as available” basis. to the maximum extent permitted by law, Jackson makes no representations and warranties of any kind, express or implied, as to the operation of the Jackson electronic platforms or the information, content, third-party content, materials, products, services or linked services provided on or through the Jackson electronic platforms, including without limitation, that the information provided through the Jackson electronic platforms will be free from error, omission, interruption, defect, or delay in operation, or from technical inaccuracies or typographical errors; that the Jackson electronic platforms will be available at any particular time or location; that defects or errors in the Jackson electronic platforms will be corrected; or that the content on the Jackson electronic platforms is free of viruses or other harmful components. Any information on the Jackson electronic platforms is subject to change without notice, and Jackson disclaims all responsibility for these changes. You expressly agree that your use of the Jackson electronic platforms is at your sole risk.
To the maximum extent permitted by law, Jackson disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
In no event will Jackson, or any party involved in creating, producing, or delivering the Jackson electronic platforms, be liable for any damages of any kind arising from the use of the Jackson electronic platforms, including, but not limited to direct, indirect, incidental, exemplary, punitive, special and consequential damages or any damages of any type or nature arising out of your access, use, misuse, or inability to use the Jackson electronic platforms or any linked sites or services; in the event a third party intercepts or decrypts any transmission of information that you provide to Jackson through the Jackson electronic platforms; in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure; or with respect to any claim or damage arising from a cause beyond Jackson’s control whether in an action under contract, negligence, tort, strict liability, or any other theory, even if Jackson has been previously advised of the possibility of such damages. Certain states or jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
Applicable Law and Disputes
This Agreement, your rights and obligations, Jackson’s rights and obligations, and all actions contemplated by this Agreement will be governed by Dutch law, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the Netherlands. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Further, you also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed.
Any dispute relating in any way to your visit to the Jackson Electronic Platforms shall be submitted to the competent Dutch Court.
You acknowledge that any breach, threatened or actual, of this Agreement, including, without limitation, with respect to unauthorized use of Jackson proprietary assets, will cause irreparable injury to Jackson, such injury would not be quantifiable in monetary damages, and Jackson would not have an adequate remedy at law. You therefore agree that Jackson shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, you hereby waive any requirement that Jackson post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Jackson to enforce any provision of this Agreement.
You agree to defend, indemnify, and hold harmless Jackson and its affiliates, successors and assigns, and its directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees and other legal expenses, and judgments of any kind or nature, incurred by Jackson arising out of or relating to your use of the Jackson Electronic Platforms and your violation of this Agreement or relating to any payment dispute with a third-party provider arising from a purchase or incurrence of fees made by you.
Term and Termination
This Agreement will take effect at the moment you click “Accept”, register, respond to a request for information, and/or begin downloading, accessing, or using the Jackson Electronic Platforms, whichever is earliest. Jackson reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to the Jackson Electronic Platforms or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and this Agreement will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this Agreement at any time by ceasing to use the Jackson Electronic Platforms, but all applicable provisions of this Agreement will survive termination, as identified below, and each re-access or use of the Jackson Electronic Platforms will reapply this Agreement (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Jackson Electronic Platforms in your possession. The provisions concerning Jackson’s proprietary rights, feedback and submissions, indemnity, disclaimers of warranty and liability, waiver and severability, miscellaneous legal terms, and governing law will survive the termination of this Agreement for any reason.
Miscellaneous Legal Provisions
We may discontinue the Jackson Electronic Platforms at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Jackson Electronic Platforms at any time for any reason, without notice. We may discontinue or restrict your use of the Jackson Electronic Platforms at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Jackson as a result of this Agreement or your use of the Jackson Electronic Platforms. Nothing contained in this Agreement is in derogation of Jackson’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Jackson Electronic Platforms or information provided to or gathered by Jackson with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of Jackson to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding the Jackson Electronic Platforms and their content, and supersedes any prior or contemporaneous communications between Jackson and you regarding the Jackson Electronic Platforms and their contents.
All rights not expressly granted herein are hereby reserved.