Terms of Use – Jansnport.com
Welcome to Jansnport.com (“Website”), operated by Jansnport.com (“we”, “us”, or “our”), your trusted source for quality backpacks, bags, totes, and accessories. These Terms of Use (“Terms”) govern your access to and use of the Website, including all content, features, and services available on or through the Website. By accessing or using the Website, you (“you” or “user”) agree to be bound by these Terms, as well as our Privacy Policy, Terms of Purchase, and any other policies referenced herein. If you do not agree to these Terms, please do not access or use the Website.
1. Eligibility to Use the Website
To use the Website, you must:
- Be at least 13 years old (if you are under 18, you must have parental or legal guardian consent to use the Website, and your guardian must agree to these Terms on your behalf).
- Have the legal capacity to enter into a binding agreement (or have a guardian who does, if applicable).
- Comply with all applicable laws, regulations, and these Terms.
We reserve the right to restrict access to the Website to any user who fails to meet these eligibility requirements, or who violates these Terms.
2. Account Registration (If Applicable)
Some features of the Website (e.g., saving favorite products, tracking order history) may require you to create a user account (“Account”). When registering for an Account, you agree to:
- Provide accurate, current, and complete information (including your name, email address, and password).
- Update your Account information promptly if it changes (e.g., new email address, shipping address).
- Keep your Account password secure and confidential. You are solely responsible for all activities conducted under your Account, including any unauthorized use.
- Notify us immediately at [email protected] if you suspect any unauthorized access to or use of your Account.
We reserve the right to suspend or terminate your Account at any time, without prior notice, if we believe you have violated these Terms (e.g., providing false information, unauthorized use) or for any other legitimate reason.
3. Permitted Use of the Website
You may use the Website only for lawful purposes and in accordance with these Terms. Permitted uses include:
- Browsing the Website to view product information, prices, and policies.
- Creating an Account (if eligible) to access personalized features.
- Placing orders for products in accordance with our Terms of Purchase.
- Contacting our customer service team for assistance.
All use of the Website must be in good faith, and you must not use the Website in a way that harms us, other users, or third parties.
4. Prohibited Conduct
You agree not to engage in any of the following prohibited activities when accessing or using the Website:
- Unauthorized Access: Attempting to access restricted areas of the Website (e.g., admin portals, customer data databases) without permission, or using automated tools (e.g., bots, scrapers) to collect data from the Website without our explicit written consent.
- Misuse of Content: Copying, modifying, distributing, selling, licensing, or reproducing any content on the Website (including product images, descriptions, logos, and text) for commercial or non-commercial purposes, unless expressly permitted by us.
- Fraud or Misrepresentation: Providing false, misleading, or inaccurate information (e.g., fake shipping addresses, stolen payment details) when creating an Account or placing an order.
- Harmful Behavior: Uploading or transmitting viruses, malware, or other harmful software that could damage the Website, our systems, or other users’ devices; or engaging in conduct that disrupts the Website’s functionality (e.g., spamming, overloading servers).
- Violation of Laws or Rights: Using the Website to engage in illegal activities (e.g., money laundering, counterfeiting) or to infringe on the intellectual property, privacy, or other legal rights of us, other users, or third parties.
We may take immediate action to address prohibited conduct, including restricting your access to the Website, terminating your Account, or pursuing legal remedies.
5. Intellectual Property Rights
All content on the Website, including but not limited to product images, descriptions, logos, brand names, text, graphics, and software (“Intellectual Property”), is owned by us or our licensors and is protected by United States and international intellectual property laws (e.g., copyright, trademark, patent laws).
You do not acquire any ownership rights to the Website’s Intellectual Property by accessing or using the Website. The only right granted to you is a limited, non-exclusive, non-transferable license to use the Website and its content for permitted purposes (as outlined in Section 3) during the term of these Terms. This license automatically terminates if you violate these Terms or stop using the Website.
6. Third-Party Links & Content
The Website may contain links to third-party websites, services, or content (e.g., social media platforms, payment processors). These links are provided for your convenience only, and we do not control or endorse third-party websites or their content.
We are not responsible for the accuracy, legality, or safety of third-party websites or content. Your use of third-party websites is subject to the terms of use and privacy policies of those third parties, and you access them at your own risk.
7. Website Availability & Modifications
We strive to keep the Website available 24/7, but we do not guarantee that the Website will be uninterrupted, error-free, or free from technical issues. We may need to temporarily take the Website offline for maintenance, updates, or repairs, and we will provide notice of planned downtime when reasonably possible.
We also reserve the right to modify or discontinue any feature, content, or service on the Website at any time, without prior notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Website or its features.
8. Disclaimers of Warranties
THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT (e.g., we do not warrant that the Website will meet your specific needs, or that products will be free from defects).
- WARRANTIES RELATED TO THE ACCURACY, RELIABILITY, OR TIMELINESS OF WEBSITE CONTENT (e.g., product descriptions, pricing).
- WARRANTIES THAT THE WEBSITE WILL BE FREE FROM VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such cases, any implied warranties will be limited to the maximum extent permitted by law.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE. This includes, but is not limited to, damages for loss of profits, loss of data, loss of use, or inconvenience, even if we have been advised of the possibility of such damages.
Our total liability to you for any claims arising from or related to the Website (whether in contract, tort, or otherwise) shall be limited to $100 USD. This limitation applies regardless of whether the claim is based on a breach of contract, negligence, or any other legal theory.
Some jurisdictions do not allow the limitation of liability for certain damages, so the above limitations may not apply to you.
10. Indemnification
You agree to indemnify, defend, and hold harmless us, our affiliates, employees, officers, directors, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising from:
- Your use of the Website or violation of these Terms.
- Your Account activities (including unauthorized use by others).
- Your violation of any laws, regulations, or third-party rights (e.g., intellectual property, privacy).
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such matters.
11. Changes to These Terms
We may update these Terms from time to time to reflect changes in laws, regulations, or our business practices. When we make changes, we will post the revised Terms on the Website and update the “Last Updated” date at the top of this page.
Your continued access to or use of the Website after the revised Terms are posted constitutes your acceptance of the changes. We encourage you to review these Terms periodically to stay informed of any updates.
12. Termination
These Terms will remain in effect as long as you use the Website. We may terminate these Terms (and your access to the Website) at any time, without prior notice, if you violate these Terms or for any other legitimate reason.
Upon termination, your right to use the Website will immediately cease, and any provisions of these Terms that by their nature should survive termination (e.g., intellectual property rights, disclaimers, limitation of liability, indemnification) will remain in effect.
13. Governing Law & Disputes
These Terms shall be governed by and construed in accordance with the laws of the State of, United States, without regard to its conflict of laws principles.
Any disputes arising from or related to these Terms or your use of the Website shall first be resolved through good-faith negotiation between you and us. If negotiation fails, the dispute shall be submitted to binding arbitration in, California, in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding on both parties.
You waive any right to a jury trial in connection with any dispute arising from these Terms or your use of the Website.
14. Contact Information
If you have any questions, concerns, or requests related to these Terms of Use, please contact our customer service team at:
Email: [email protected]
By accessing or using Jansnport.com, you acknowledge that you have read, understood, and agreed to these Terms of Use in full.