Welcome to JeffTheNeck.com. This web site, any related subdomains, microsites and the Jeff The Neck mobile web site (collectively, the “Site”), is operated by Terry Scanlon Art & Design. These Terms of Use govern your use of this Site. Your use of the Site constitutes your acceptance of these Terms of Use. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY THE TERMS SET FORTH BELOW. BY ACCEPTING YOU ARE AGREEING TO EVERY PROVISION OF THIS AGREEMENT WHETHER OR NOT YOU HAVE TO READ IT.
JeffTheNeck.com may update or modify these Terms of Use at any time, without prior notice. By using this Site following any such change, you agree to be bound by the Terms of Use as changed. JeffTheNeck.com recommends you review these Terms of Use each time you visit the Site.
Use of the Site
All materials on this Site, including all images, text, logos, designs, icons, photographs, programs, and media clips (collectively, the “Content”), are intended solely for personal, non-exclusive and non-commercial use. You may access, view, download, print or copy the Content for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Content; (2) do not modify or alter the Content in any way; and (3) do not provide or make available the Content to any third party. No right, title or interest in any viewed, copied or downloaded Content is transferred to you as a result of your use of this Site. Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Content or this Site without first obtaining written permission from JeffTheNeck.com.
JeffTheNeck.com may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice. JeffTheNeck.com also reserves the right to block or deny access to the Site to anyone at any time for any reason.
Copyrights and Trademarks
“Jeff The Neck” as well as related product and service names, design marks and slogans, are registered trademarks of Terry Scanlon Art & Design and may not be used without permission. Unless otherwise noted, all Content is protected as copyrights, trademarks, service marks, trade names or other intellectual property owned, controlled or licensed by JeffTheNeck.com, one of its affiliates, or by third parties who have licensed their intellectual property to JeffTheNeck.com and is protected by U.S. and international intellectual property laws and treaty provisions. Unauthorized duplication is a violation of law. No rights in any Content, including any trademark, service mark or trade name, are granted to you in connection with your use of this Site.
Comments and Feedback
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to JeffTheNeck.com on or by the Site or otherwise disclosed, submitted or offered to JeffTheNeck.com (collectively, “Comments”) shall be and remain JeffTheNeck.com’s property which we may use for any purpose including commercial purposes. Such disclosure, submission or offer of any Comments shall constitute an assignment to JeffTheNeck.com of all worldwide rights, titles and interests in all copyrights and other intellectual property in the Comments. JeffTheNeck.com is and shall be under no obligation to maintain any Comments in confidence or to pay to user any compensation for any Comments. You agree that no Comments submitted by you to JeffTheNeck.com will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You are and shall remain solely responsible for the content of any Comments you make.
Prohibited Uses
Tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are prohibited. Violations of system or network security may result in civil or criminal liability. JeffTheNeck.com will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (a) accessing data not intended for such user or logging into a server or account which user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Privacy and Your Information
We may collect personal information about you. We gather some information through our relationship with you, such as your phone number, address, and information about your preferences. You can find out how we use, share and protect the information we collect about you in our Privacy Policy which is incorporated into these Terms of Use. By entering into this agreement you agree to the use of your information in accordance with our Privacy Policy, including, among other things, Collected Information and How We Use Your Information; Cookies Technology; Security. We provide you with choices to limit, in certain circumstances, our use of the data we have about you.
Disclaimer of Warranty
This site is provided on an “as is” and “as available” basis. neither JeffTheNeck.com nor its affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors, predecessors in interest, successors, assigns, or the like (collectively, “associates”) warrant that use of the JeffTheNeck.com site will be uninterrupted or error-free. Neither JeffTheNeck.com, nor its associates, warrants the accuracy, integrity or completeness of the content provided on the JeffTheNeck.com site or the products or services offered for sale on the JeffTheNeck.com site. Further, JeffTheNeck.com makes no representation that content provided on the JeffTheNeck.com site is applicable to, or appropriate for use in, locations outside of the united states. JeffTheNeck.com and its associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. no oral advice or written information given by JeffTheNeck.com or its associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.
Limitation of Liability
Under no circumstances shall JeffTheNeck.com or its associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the site, including but not limited to reliance by you on any information obtained from the site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing limitation of liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of JeffTheNeck.com has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this limitation of liability shall apply to all content, merchandise and services available through the JeffTheNeck.com site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Pricing and Product Information
While JeffTheNeck.com strives to provide accurate product and pricing information, unintentional pricing or typographical errors may occur. JeffTheNeck.com reserves the right to correct any errors, inaccuracies or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and product descriptions) at any time without notice (including after you submitted your order and confirmation was received). In the event that an item is listed at an incorrect price or with incorrect information, JeffTheNeck.com shall have the right, in its sole discretion, to refuse or cancel any purchased orders placed for that item. If your credit card has been charged for any order subsequently cancelled, JeffTheNeck.com will issue a credit to your credit card. Individual bank policies will dictate when this amount is credited to your account. We apologize for any inconvenience this may cause you.
Prices and availability of products offered by Jeff The Neck are subject to change without notice. Any references to “Save” and amount of savings offered by Jeff The Neck are discounts from Jeff The Neck’ “Regular” or “Reg.” prices. The “Regular” price of an item is the former offered price for the item. Actual sales may not have been made at the “Regular” prices.
Order Limitations
We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will notify you.
JeffTheNeck.com may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same JeffTheNeck.com Site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will notify you.
Shipping
All orders placed on this Site are subject to product availability and will be shipped according to JeffTheNeck.com shipping policies. Orders are typically shipped within 2 – 4 business days after receiving payment. No order will be held for more than 10 days by customer request. Please refer to our FAQ page for more information on our shipping rates and procedures.
At Jeff The Neck your complete satisfaction is our top priority.
While we make every effort to ensure the accuracy of all information, we reserve the right to limit refunds and replacements and to make corrections if an error occurs. Please check all shipping addresses carefully. As we are shipping perishable goods we cannot guarantee the condition of the package if our delivery service has to reroute the cooler. We guarantee delivery only to the addresses we are provided; which are confirmed on the order acknowledgement.
Termination of Use
JeffTheNeck.com may, in its sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination.
Indemnification
You agree to defend, indemnify, and hold JeffTheNeck.com and its Associates, and their respective directors, employees, agents, successors, and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site, your violation of these Terms of Use or your posting or transmission of any materials on or through the Site.
No Waiver
If we don’t enforce our rights under this agreement in one instance, that doesn’t mean we won’t or can’t enforce those rights in any other instance.
Customer Appreciation
At JeffTheNeck.com we strive to provide great products and service to all of our customers. Thank you for considering us.