Terms of Use

Print Page
  1. Your relationship with J&J
    1. Your use of J&J’s web site and the related products and services available through J&J’s web site or through the web site for Fun Parts Xpress (referred to collectively as the “Services” in this document and excluding any services provided to you by J&J under a separate written agreement) is subject to the terms of a legal agreement between you and J&J. “J&J” means J&J Amusements Inc., an Oregon corporation whose principal place of business is 4897 Indian School Road, Suite 150, Salem, Oregon 97305, United States and includes the name “Fun Parts Xpress.”
    2. Unless otherwise agreed in writing with J&J, your agreement with J&J relating to the Services will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the“Terms of Use.”
    3. The Terms of Use form an agreement between you and J&J in relation to your use of the Services. It is important that you take the time to read the Terms of Use carefully. This agreement may be referred to below as the “Terms.”
    4. If there is any contradiction between any other agreement between you and J&J or any of its affiliates, including but not limited to any warranties relating to products or services sold to you by J&J, and what the Terms of Use say, then the terms of those agreements shall take precedence in relation to that Service over the Terms of Use.
  2. Accepting the Terms
    1. In order to use the Services, you must first agree to the Terms of Use. You may not use the Services if you do not accept the Terms of Use. You can accept the Terms by actually using or visiting any features of J&J’s website. In this case, you understand and agree that J&J will treat your use of the Services as acceptance of the Terms from that point onwards.
    2. You may not use the Services and may not accept the Terms of Use if you are not of legal age to form a binding contract with J&J.
    3. Before you continue, you should print off or save a copy of the Terms of Use for your records.
  3. Use of the Services by you
    1. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details). You agree that any registration information you give to J&J will always be accurate, correct and up to date.
    2. You agree to use the Services only for purposes that are permitted by (a) the Terms or Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
    3. Unless you have been specifically permitted to do so in a separate agreement with J&J, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
    4. You agree that you are solely responsible for (and that J&J has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which J&J may suffer) of any such breach.
  4. Proprietary rights
    1. You acknowledge and agree that J&J owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by J&J and that you shall not disclose such information without J&J’s prior written consent.
    2. Unless you have agreed otherwise in writing with J&J, nothing in the Terms of Use gives you a right to use any of J&J’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
    3. If you have been given an explicit right to use any of these brand features in a separate written agreement with J&J, then you agree that your use of such features shall be in compliance with that agreement and any applicable provisions of the Terms, and J&J’s brand feature use guidelines as updated from time to time.
    4. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
    5. Unless you have been expressly authorized to do so in writing by J&J, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
    6. You should be aware that content presented to you as part of the Services, including but not limited to advertisements in the Services and other content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that content to J&J (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you have been specifically told that you may do so by J&J or by the owners of that content, in a separate agreement.
  5. EXCLUSION OF WARRANTIES
    1. NOTHING IN THESE TERMS OF USE, INCLUDING SECTIONS 5 AND 6, SHALL EXCLUDE OR LIMIT J&J’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
    2. IN PARTICULAR, UNLESS A WARRANTY IS GIVEN TO YOU AT THE TIME OF A PURCHASE OF A J&J PRODUCT OR SERVICE, J&J EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICES.
  6. LIMITATION OF LIABILITY
    1. SUBJECT TO OVERALL PROVISION IN PARAGRAPH 5.1 ABOVE AND ANY SPECIFIC LIMITATIONS GIVEN TO YOU AT THE TIME YOU PURCHASE ANY PRODUCT OF J&J, YOU EXPRESSLY UNDERSTAND AND AGREE THAT J&J SHALL NOT BE LIABLE TO YOU FOR:
      1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
      2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
        1. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
        2. ANY CHANGES WHICH J&J MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
      3. THE LIMITATIONS ON J&J’S LIABILITY TO YOU IN PARAGRAPH 6.1 ABOVE SHALL APPLY WHETHER OR NOT J&J HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
      4. THE INFORMATION PROVIDED ON THIS WEB SITE IS “AS IS” AND J&J MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION.
    2. Advertisements
      1. Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
      2. The manner, mode and extent of advertising by J&J on the Services are subject to change without specific notice to you.
      3. In consideration for J&J granting you access to and use of the Services, you agree that J&J may place such advertising on the Services.
    3. Other content
      1. The Services may include hyperlinks to other web sites or content or resources. J&J has no control over any web sites or resources which are provided by companies or persons other than J&J.
      2. You acknowledge and agree that J&J is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
      3. The information, text, graphics and links provided on this website are offered as a convenience to our customers and home page visitors. J&J does not warrant the accuracy or completeness of the information and text contained on this or any other server.
    4. Changes to the Terms of Use
      1. J&J may make changes to the Terms of Use from time to time. When these changes are made, J&J will make a new copy of the Terms of Use available at its website.
      2. You understand and agree that if you use the Services after the date on which the Terms of Use have changed, J&J will treat your use of the Services as acceptance of the updated Terms of Use.
    5. General legal terms
      1. The Terms of Use constitute the whole legal agreement between you and J&J and govern your use of the Services (but excluding any products or services which J&J may provide to you under a separate written agreement), and completely replace any prior agreements between you and J&J in relation to the Services.
      2. You agree that J&J may provide you with notices, including those regarding changes to the Terms of Use, by postings on the Services.
      3. You agree that if J&J does not exercise or enforce any legal right or remedy which is contained in the Terms of Use (or which J&J has the benefit of under any applicable law), this will not be taken to be a formal waiver of J&J’s rights and that those rights or remedies will still be available to J&J.
      4. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use is invalid, then that provision will be removed from the Terms of Use without affecting the rest of the Terms of Use. The remaining provisions of the Terms of Use will continue to be valid and enforceable.
      5. The Terms of Use, and your relationship with J&J under the Terms, shall be governed by the laws of the State of Oregon without regard to its conflict of law’s provisions. You and J&J agree to submit to the exclusive jurisdiction of the courts located within Marion County, Oregon to resolve any legal matter arising from the Terms of Use. Notwithstanding this, you agree that J&J shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.