TERMS OF USE

This Terms of Use (this “Agreement”) shall govern the relationship with all visitors of Jenkins.com and JenkinsElectric.com (the “site”) and with all purchasers and users of products and services from Jenkins Electric Company (“Jenkins”). By visiting or otherwise accessing the site or by using the products and services offered by Jenkins (collectively, the “products”), you agree to the terms of this Agreement.

If you do not agree with this Agreement, do not visit or access the site and cease all use of the products. If you do not agree to be bound by this Agreement as published by us from time to time, your sole and exclusive remedy is to discontinue visiting and accessing the site and discontinuing your use of the products.

SITE

The site is provided for informational purposes only. All content including, but not limited to, all copyrights, trademarks, and service marks on the site is the sole property of Jenkins, and no licenses or rights are granted, assigned, or transferred in any manner to any other person as a result of accessibility of the site by the general public.

PRODUCTS

Use of the products is subject to the Limited Warranty found here, the Limitations of Liability found here, and the Return and Exchange Policy found here.

INTELLECTUAL PROPERTY

Jenkins maintains, reserves, and is the sole owner of all proprietary rights regarding Jenkins Intellectual Property. For the purpose of this Agreement, the “Intellectual Property” shall include, without limitation, the site, internet address, source code, any copyrighted works, trademarks, service marks, trade names, logos, trade secrets, designs, trade dress and other brand designations used by Jenkins, patented works, or any other intellectual property of Jenkins related to the site, the products or otherwise. You acknowledge that Jenkins owns all right, title, and interest in and to the Intellectual Property. You agree that you will not copy, reproduce, alter, modify, reverse engineer, or create derivative works from the Intellectual Property.

TERMINATION OF YOUR ACCESS TO THE SITE

We may limit your access to the site, or to any part of the site, at any time our sole discretion.

DISCLAIMERS

YOUR USE OF THE SITE IS IT AT YOUR OWN RISK. JENKINS IS PROVIDING THE SITE “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. JENKINS DOES NOT GUARANTEE THAT THE SITE WILL BE SAFE, SECURE, OR ERROR FREE. YOUR USE OF THE PRODUCTS ARE GOVERNED BY THE DOCUMENTS REFERENCED HERE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL JENKINS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), FOR ANY REASON. EXAMPLES OF SUCH REASONS INCLUDE, WITHOUT LIMITATION, THOSE DAMAGES RESULTING FROM ANY ASPECT OF YOUR USE OF THIS SITE OR ANY USE OF THE PRODUCTS, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR ANY PRODUCTS, FROM INABILITY TO USE THE SITE OR ANY PRODUCTS, FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR ANY PRODUCTS, FROM ANY OTHER ACTION TAKEN BY JENKINS, OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION AND WHETHER SUCH ACTION IS IN CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, JENKINS’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

You acknowledge that no data transmission on the Internet can be 100% secure. Consequently, you acknowledge and agree that all information sent to us (including any payment information or personal or confidential information) is done so at your own risk.

EXPORT CONTROLS

Jenkins acknowledges that for national security and foreign policy reasons, the U.S. maintains comprehensive controls and sanctions on the export and reexport of U.S.-origin goods and technology to all destinations around the world. As such, Jenkins reserves the right to refuse fulfilment and shipment of orders that may violate such export control laws.

COOPERATION WITH LAW ENFORCEMENT AND RELEASE OF INFORMATION

Jenkins shall have the right to provide any information provided to it by you and any other information that Jenkins may have about you when necessary in Jenkins sole discretion to satisfy any law, regulation, governmental or judicial request, or to protect Jenkins or its employees, officers, directors, shareholders, agents, employees, or representatives regardless of whether such information is confidential, private, or otherwise protected in any manner under this Agreement or in any other agreement between you and Jenkins. You waive any and all claims that you would otherwise have against Jenkins and its officers, directors, shareholders, agents, employees, and representatives for the release of such information.

IF APPLICABLE LAW DOES NOT PERMIT THE RELEASE OF PROSPECTIVE CLAIMS OR CLAIMS WHICH THE RELEASOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, YOU HEREBY WAIVE ANY RIGHTS UNDER SUCH APPLICABLE LAW.

MISCELLANEOUS

BINDING EFFECT; ASSIGNMENT

This Agreement shall be binding on and inure to the benefit of the parties and their respective heirs, personal representatives, successors, and assigns. This Agreement and all rights and obligations hereunder shall not be assigned by you without the prior express written consent of Jenkins. This Agreement and all rights and obligations hereunder shall be assignable by Jenkins in its sole discretion.

SEVERABILITY

The provisions of this Agreement are severable, and the invalidity of any provision shall not affect the validity of any other provision.

GOVERNING LAW.

This Agreement, the rights and obligations of the parties hereto, and any claims or disputes relating thereto shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to the conflict of laws provisions thereof.

AMENDMENT; WAIVER

Except as otherwise expressly provided in this Agreement, no amendment, modification or discharge of this Agreement shall be valid and binding unless set forth in writing and duly executed by each of the parties hereto. Any waiver by any party or consent by any party to any variation from any provision of this Agreement shall be valid only if in writing and only in the specific instance in which it is given, and such waiver or consent shall not be construed as a waiver of any other provision or as a consent with respect to any similar instance or circumstance.

MODIFICATIONS

Although Jenkins may attempt to notify you when major changes are made to this Agreement, you should periodically review the most up-to-date version. Jenkins may, in its sole discretion, modify or revise this Agreement at any time, and you agree to be bound by such modifications or revisions.