Terms & Conditions

ACCEPTING THESE TERMS

This document and the other documents that we reference below make up our Terms of Use (the “Terms” for short). The Terms are a legally binding contract between you and reCAPMasonJars.com.

This contract sets out your rights and responsibilities when you use reCAPMasonJars.com, navigate through our websites, make purchases through our websites, use our blogs or social media services, or make use of any of the services provided by reCAPMasonJars.com (collectively “Services”). By using any of our Services, you’re agreeing to the Terms. If you do not agree with the Terms, do not use the Site.

YOUR PRIVACY

We know your personal information is important to you and it is important to us. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you're also agreeing that we can process your information in the ways set out in the Privacy Policy.

ELECTRONIC COMMUNICATIONS

When you use the Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on or through the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

SOCIAL MEDIA

Wholesalers and Customers may promote and share blog post content, shops, products, and other content across Social Media channels. All content shared on social media by our Customers and Wholesalers is to be tasteful, positive, and friendly.

Inappropriate, False, or Misleading Content. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, invasive of privacy, infringing of intellectual property rights, or is otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or is otherwise offensive or in violation of any of our policies on Social Media.  You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a message or other content. We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content.

Use of Content. If you do post content or submit any material to us, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant reCAPMasonJars.com and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify reCAPMasonJars.com for all claims resulting from content you supply. We reserve the right (but not the obligation) to monitor and edit or remove any activity or content. reCAPMasonJars.com takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright Complaints. reCAPMasonJars.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the procedures for Making Claims of Copyright Infringement.

Termination. Any user found to be sharing inappropriate, false, or misleading content on Social Media is subject to be terminated as a Customer or Wholesaler. If termination occurs, the user forfeits any and all MakerPoints or other benefits provided by reCAPMasonJars.com. In the event of termination, Customers, Wholesalers, and Sellers are still responsible to pay their account balance in full.

COPYRIGHT

All content included in or made available through the Site, such as text, graphics, logos, button icons, images, books, digital downloads, and data compilations, is the property of reCAPMasonJars.com or Content Suppliers and protected by United States and international copyright laws. The compilation of all content accessible through the Site is the exclusive property of reCAPMasonJars.com and protected by U.S. and international copyright laws.

TRADEMARKS

reCAPMasonJars.com and other graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Sites are trademarks, registered trademarks or trade dress of reCAPMasonJars.com in the U.S. and other countries. reCAPMasonJars.com’s trademarks and trade dress may not be used in connection with any product or service that is not reCAPMasonJars.com's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits reCAPMasonJars.com. You may not use any reCAPMasonJars.com logo or other proprietary graphic or trademark as part of a hyperlink without express written permission from reCAPMasonJars.com. All other trademarks not owned by reCAPMasonJars.com that appear in the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by reCAPMasonJars.com.

MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website”) infringe your copyright, you may request removal of those materials (or access to them) from reCAPMasonJars.com by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (”DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.

• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.

• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

• A statement that the information in the written notice is accurate.

• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

  

Jonathan D’Silva
MMI Intellectual Property
900 State Street, Suite 008
Erie, PA 16501
(814) 459-6055
jdsilva@mmiip.com

 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter-Notification Procedures. If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

• Your physical or electronic signature.

• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.

• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

LICENSE AND SITE ACCESS

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, reCAPMasonJars.com or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Terms of Use are reserved and retained by reCAPMasonJars.com or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the Site nor any part of it may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of reCAPMasonJars.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of reCAPMasonJars.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing reCAPMasonJars.coms name or trademarks without the express written consent of reCAPMasonJars.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of reCAPMasonJars.com so long as the link does not portray reCAPMasonJars.com, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any reCAPMasonJars.com logo or other proprietary graphic or trademark as part of the link without express written permission.

You may not misuse the Site. You may use the Site only as permitted by law. The licenses granted by reCAPMasonJars.com terminate if you do not comply with these Conditions of Use.

If you choose to access the Site, you do so on your own initiative and are responsible for compliance with local laws. Products made available on the Site may be subject to local laws and regulations and you are responsible to ensure that your use of the products are not in violation of those laws and regulations.

YOUR ACCOUNT

As a registered user of the Site, you may receive or establish one or more passwords and accounts ("Account"). If you use the Site, you are responsible for maintaining the confidentiality of your Account(s) and for restricting access to your computer(s) or device(s), and you agree to accept responsibility for all activities that occur under any of your Accounts. reCAPMasonJars.com does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Site only with the involvement of a parent or guardian. reCAPMasonJars.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

We may permit visitors to post reviews, comments, photos, and other content; send messages and other communications; and submit suggestions, ideas, comments, questions, or other information. You agree that any content you contribute and any communications you send using means we provide will not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a message or other content. We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content.

If you do post content or submit any material to us, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant reCAPMasonJars.com and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify reCAPMasonJars.com for all claims resulting from content you supply. We reserve the right (but not the obligation) to monitor and edit or remove any activity or content. reCAPMasonJars.com takes no responsibility and assumes no liability for any content posted by you or any third party.

TERMINATION

Termination By You. You may terminate your account with reCAPMasonJars.com at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. You are still liable to pay any outstanding bills.

Termination By reCAPMasonJars.com. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our Site. reCAPMasonJars.com may refuse service to anyone, at any time, for any reason.

If you or reCAPMasonJars.com terminate your account, you may lose any information associated with your account, including Your Content.

We May Discontinue the Services. reCAPMasonJars.com reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, reCAPMasonJars.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. reCAPMasonJars.com DOES NOT WARRANT THAT THE SITES, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES OR ELECTRONIC COMMUNICATIONS SENT FROM THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. reCAPMasonJars.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS 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 MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

If reCAPMasonJars.com gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend reCAPMasonJars.com  (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

DISPUTES WITH OTHER USERS

If you find yourself in a dispute with another user of reCAPMasonJars.com’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Buyers and sellers who are unable to resolve a dispute related to a transaction on our Site may participate in our case system. reCAPMasonJars.com will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. reCAPMasonJars.com has no obligation to resolve any disputes.

You release reCAPMasonJars.com from any claims, demands, and damages arising out of disputes with other users or parties.

DISPUTES WITH RECAPMASONJARS.COM

Governing Law. The Terms are governed by the laws of the State of Pennsylvania, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

Arbitration. Any dispute or claim relating in any way to your use of the Sites will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. The parties shall bear their own fees and costs, including attorneys fees regardless of the outcome of any arbitration.

Forum. reCAPMasonJars.com is based in Erie, Pennsylvania. Any legal action against reCAPMasonJars.com related to our Services must be filed and take place in Erie. That means the seat of any arbitration shall be Erie. For any actions not subject to arbitration, you (where your contract is with reCAPMasonJars.com.) and reCAPMasonJars.com agree to submit to the personal jurisdiction of a state court located in Erie County, Pennsylvania.

Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Pennsylvania.

Modifications. If we make any changes to this “Disputes with reCAPMasonJars.com” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against reCAPMasonJars.com prior to the date the changes became effective. reCAPMasonJars.com will notify you of substantive changes to the “Disputes with reCAPMasonJars.com”. If you do not agree to the modified terms, you may send reCAPMasonJars.com a written notification (including email) or close your account. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and reCAPMasonJars.com in accordance with the provisions of this “Disputes with reCAPMasonJars.com” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms. 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to the Sites, these Conditions of Use and any policies at any time. Your continued use of the Sites following any changes will indicate your acceptance of such changes. If you do not agree to a change, you must immediately stop using the Sites. If any policies or these Conditions of Use are deemed invalid, void, or for any reason unenforceable, that condition or policy shall be deemed severable and shall not affect the validity and enforceability of any remaining condition or policy.

CONTACT INFORMATION

If you have any questions about the Terms, please email us at: sales@recapmasonjars.com.

  

Last updated on September 28, 2017
Standard terms and conditions 9.19.17 - These terms are strictly enforced.