Acceptance of Terms of Use

In consideration for accessing and using www.jarraff.com, you accept and agree to be bound by the terms and provisions of these Terms of Use (“TOU”).  These terms apply to and govern your usage of the Site and its contents. The privacy policy for this Site can be found at www.jarraff.com/privacy-policy/. IF YOU DISAGREE WITH ANY TERMS OF THIS SITE, YOU SHOULD NOT USE THIS SITE.  YOUR CONTINUED USE OF THIS SITE SERVES AS YOUR CONSENT TO THESE TERMS OF USE.  All references to “Jarraff” shall mean Jarraff Industries, LLC. and all references to “you” or “your” shall mean the person accessing www.jarraff.com.

Modifications to Terms of Service and Privacy Policy

You understand that the terms of the TOU and Privacy Policy may change without notice and that you accept any such modifications with your continued use of the Site or Site services.  Any such revision or change will be binding upon you after ten (10) days of posting of the updated TOU and/or Privacy Policy on the Site.  If you disagree with any modification to the TOU or Privacy Policy, you must notify Jarraff in writing within the ten day (10) time period described above and immediately discontinue any Site services. 

Adult Usage Only

This Site is intended for those who are of the age of majority and able to legally enter binding contracts without any right of rescission.  Accordingly, in using this Site, you represent, warrant, and agree that you are at least eighteen (18) years or older.  You agree that you are of legal age and authority to enter into and be bound by the terms of the TOU and Privacy Policy. 

Intellectual Property Rights

You agree that Jarraff holds all right, title and interest to all services, its Site information and technology used to provide the Site services.  You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you.  You further agree to make no claim of interest in any such services.

All content including but not limited to text, graphics, downloads and software included on this site is the property of Jarraff and protected by applicable law.  You agree that you shall not copy, record, duplicate, or otherwise attempt to reproduce any of the services or information provided to you from Jarraff.

Disclaimer of Warranties

JARRAFF EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE SERVICES AND ANY RELATED PRODUCTS, SOFTWARE, OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF JARRAFF, JARRAFF DOES NOT WARRANT THAT SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.  JARRAFF DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SITE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR THE QUALITY OR COMPLETENESS OF ANY SERVICES PROVIDED THROUGH THE SITE OR ITS USERS.  THERE ARE NO GUARANTEES ABOUT THE RESULTS OF PRODUCT OFFERED BY JARRAFF.  YOU MAY NOT OBTAIN THE SAME OR SIMILAR RESULTS AS OTHER CLIENTS OR ANECDOTES/TESTIMONIALS SHARED BY JARRAFF OR ITS CLIENTS. 

Assumption of Risk

When you access the Site, you do so at your own discretion and risk.  You are solely responsible for any damage done to your computer, electronic device, or other property, including but not limited to the loss or corruption of data. 

Accuracy of Information Provided by You

You agree that all information you provide Jarraff is true, current, complete and accurate.  You represent and warrant that you provided notice to, and obtained consent from, any third-party whose personal data you supply to Jarraff.  You further warrant that to the extent you provided personal data about a third-party to Jarraff, you provided that third-party with notice about this Site’s TOU.  You accept all liability and consequences resulting from your failure to provide notice or receive consent from such individuals or for your providing outdated, incomplete or inaccurate information.

Payment Processing

If you are purchasing items from the Site, you must use a valid credit card.  Jarraff may use a third-party to accept and process payments you make on the Site.  In using such payment service, you agree that in addition to this TOU, that third-party’s terms and conditions, if any, apply to your usage of their service.  You further agree to hold Jarraff harmless for all such transactions and look solely to that payment processor for any concerns you may have about how your payment was processed or your payment information was stored or handled.  Jarraff may, in its sole discretion, approve you as a buyer who may purchase product on this Site and receive an invoice for such purchase.  All purchases are subject to the “Terms of Sale”. 

Automatic Payments in the Event of Default

If you provided payment information to Jarraff, and sums are due and owing from you to and/or you are in default of your obligations under this TOU, you authorize Jarraff to deduct/charge any sums due and owing from your payment source(s).  If you commence a credit card chargeback for any rightful charge due under these TOU, you agree Jarraff shall be allowed to charge your credit card or any other payment method on your account an administrative charge of $100 per chargeback in addition to any and all other amounts due and owing to Jarraff.

Code of Conduct

Your use of Site services shall only for be for lawful purposes and must be consistent with the terms, conditions, and policies set forth in the TOU.  You agree to not use Site or anything related to the Services offered by Jarraff for any unlawful or otherwise prohibited means, including but not limited to unlawful discrimination, harassment, obscene images or adult content.  Additional prohibited uses include:

  1. Use the Site in any manner that could damage, disable, overburden, or impair any Site servers, or the network(s) connected to any Site server, or interfere with any other party’s use and enjoyment of the Site;
  2. Attempt to gain unauthorized access to any Site, other accounts, computer systems or networks connected to any Site server or to any of the website through hacking, password mining or any other means;
  3. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
  4. Use data mining, robots, screen scraping or similar data gathering and extraction tools on this site;
  5. Use any metatags or any other “hidden text” utilizing Jarraff’s name, service or trademarks or trade dress without Jarraff’s express written consent;
  6. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  7. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
  8. Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
  9. Use any material or information, including images or photographs, which are made available through the website in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
  10. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
  11. Harvest or otherwise collect information about others who use the Site;
  12. Use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
  13. Direct traffic, post links, advertise, or engage in any similar conduct related to other websites, companies, competitors, or services;
  14. Use the Site, services or tools if you are not able to form legally binding contracts;
  15. Any attempt to copy or mirror the information, data, content, or coding from the Site without first obtaining express written permission from the Site administrator;
  16. Unlawful use of any person’s image, voice, or likeness in any audio-visual or data file;
  17. Any attempt to reverse engineer or reconstruction any portion of the Site; and
  18. Use the Site to violate or infringe on the rights of any third-party, including but not limited to engage in copyright infringement.

You agree to fully comply with all applicable laws and regulations.  You further agree to cooperate in any governmental investigation regarding your use of the Site.  You further agree you are and will adhere to all applicable State and Federal laws and regulations.

Breach of the Terms of Use

Jarraff reserves the right to cancel or terminate your use of the Site if, in Jarraff’s sole discretion, you breach, or Jarraff reasonably believe you breached the TOU or any other obligation to Jarraff.  Without limiting the forgoing, you agree that all of the following may be considered a material breach of your obligations under this TOU:  (i) your failure to abide by any provision of the TOU or any other agreement you have with Jarraff; (ii) your failure to pay any amounts due to Jarraff; (iii) your communication of inaccurate information to us, including your failure to promptly update your information; or (iv) your violation of Jarraff’s Code of Conduct.

If any of the foregoing events occurs, we may provide you with a written notice describing the breach; however, you recognize, understand, and agree that Jarraff are not obligated to send any such notice of default and may immediately suspend or terminate your account or services without notice.

Non-Waiver

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this TOU shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy.  No failure or delay by Jarraff in exercising any right, power or privilege hereunder shall operate as a waiver.  Similarly, Jarraff’s election to not assert its rights under this TOU shall not preclude Jarraff from asserting its rights in the future.

Maintenance/Site Down Time

You agree that Jarraff may perform maintenance whenever Jarraff deem reasonably necessary to the Site, which may result in periodic outages of the Site.  Maintenance is generally scheduled for off-peak hours, such as weekends and evenings.

Jarraff are not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of God, natural disaster, labor strike or shortage, or any other condition that is reasonably outside of Jarraff’s control.

Survival of Agreement

Your obligations in this TOU shall continue to apply to you even if you are no longer using the Site.

Time Limitations For Action

You hereby agree that any cause of action arising out of or related to the products or services provided to you by Jarraff must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Waiver of Jury Trial

EACH OF THE PARTIES HERETO HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THIS TOU OR RELATED TO SITE SERVICES OR PRODUCT PURCHASED ON THIS SITE.  THIS JURY WAIVER APPLIES TO ALL DISPUTES WITHOUT LIMITATION, INCLUDING BUT NOT LIMTED TO DISPUTES OVER AN AWARD OF ATTORNEYS’ FEES.

No Third-Party Beneficiaries

Except as expressly provided herein, nothing in this TOU is intended to confer upon any third-party any rights, remedies, obligations, or liabilities.

Restriction of Assignment

You may not assign any of your rights or delegate any of your duties under this TOU without the prior written consent from Jarraff.  Any attempt by your creditors or another third-party to obtain an interest in your rights under this TOU Policy is voidable at Jarraff’s option.

Successors and Assigns

Except as otherwise expressly provided herein, this TOU shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.

Consent and Survival of Agreement

By using the services provided by Jarraff under this TOU and Privacy Policy, you acknowledge that you have read and agree to be bound by all terms and conditions of this TOU and the Privacy Policy.  You also agree to be bound by all amended terms and conditions of this TOU and the Privacy Policy.  These terms of this TOU and Privacy Policy, and your obligations under these agreements, continue to apply to you even if you are no longer using the services.

Severability of Terms

If any provision of this TOU is held illegal, unenforceable, or invalid by any court or an arbitrator of competent jurisdiction, the remaining provisions shall be unaffected.  If any provision, which is held illegal, unenforceable, or invalid, would be legal, enforceable, or valid if the provision was more narrowly drawn, the offending provision shall be interpreted so as to give maximum effect to the originally drafted provision.

Attorneys’ Fees

If Jarraff prevails in any action, suit, or proceeding arising from or based upon this TOU or your usage of the Site or products sold through this Site, Jarraff shall be entitled to recover its reasonable attorneys’ fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.  Jarraff shall also be entitled to all of its expenses and fees incurred in collecting any judgment(s) against you and for all appeals.

Choice of Law, Jurisdiction and Venue

All interaction with Jarraff is deemed to occur within the State of Minnesota.

The terms and conditions of this TOU and the Privacy Policy shall be interpreted and construed in accordance with the laws of the State of Minnesota, without giving any effect to any choice of law provisions thereof that would cause the application of the laws of any other jurisdiction, as if the Agreement was a contract wholly entered into and wholly performed within Minnesota.

You agree that any claim, dispute, action or litigation based hereon, relating to or arising out of this TOU, the Privacy Policy, or related to Site services provided by Jarraff to you shall be brought and maintained exclusively in Nicollet County or Federal courts located in Minnesota.  You expressly waive any objection of venue and jurisdiction, including but not limited to arguments that such litigation has been brought in an inconvenient forum.

Notices and Communication

Notices that you send to Jarraff must be delivered via first class mail to the following address:

Jarraff Industries, LLC.
1730 Gault Street        
St. Peter, MN 56082
Phone: (507) 934-8688

You may also email Jarraff notices to jarraff@jarraff.com, so long as you place “LEGAL NOTICE” in the subject line of the email and we actually receive the email.