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TERMS & CONDITIONS

Please Read These Terms Carefully Before Using This Site
1.          Conditions of Use. This web site ("site"), its entire contents, all web pages found within this site, and the materials and information on this site are provided by Jorgen’s Garage and may be used for informational purposes only. By using this site, you represent that you have read and understand these terms and conditions and agree to be bound by these terms and conditions. Furthermore, by using this site, you represent that (i) you have the capacity to be bound by these terms and conditions and (ii) if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity.
2.          Ownership of Materials. Except as otherwise indicated, this site and its entire contents (collectively, the "Materials"), including, but not limited to, the text, information, material, software and graphics contained on this site, are either owned or licensed by Jorgen’s Garage. The Materials are protected by copyright, trademark and other intellectual property laws and treaties. Jorgen’s Garage makes no proprietary claim to any third party names, trademarks or service marks appearing on this site. Any third party names, trademarks, and service marks are the properties of their respective owners. Except as provided in the next sentence, the Materials may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without Jorgen’s Garage's prior written permission. You are hereby authorized to view, copy, and print the Materials for your personal, informational, non-commercial, internal use only. Any copy of the Materials or portion thereof must include the copyright notice. You may not (i) modify the Materials or use them for any commercial purpose, or any other public display, performance, sale, or rental, (ii) remove any copyright notice or other proprietary notices from the Materials, or (iii) transfer the Materials to another person. By posting a message or contributing in anyway to this site, including, but not limited to, sending comments and e-mail to this site, you expressly grant Jorgen’s Garage the right to use in any way, copy, republish or sell your message or other contribution as part of its property. Jorgen’s Garage reserves the right to change, update, discontinue, restrict, or prevent access to this site or the Materials at any time without notice.
3.          Limited License. Subject to the terms and conditions set forth herein, Jorgen’s Garage grants you a revocable, non-exclusive, non-transferable, limited right to access, use, and display to this site and the Materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.
4.          Copyright Notice. © 2007 Jorgen’s Garage SLC UTAH 84104 All rights reserved.
5.          Trademarks. Jorgen’s Garage products and/or services referenced herein are either trademarks, licensed trademarks or registered trademarks of Jorgen’s Garage. Other company names, products and/or services referenced in this site may be trademarks of their respective owners. Nothing contained on the website should be construed as granting, by implication or otherwise, any license or right to use any trademarks displayed on the website. Jorgen’s Garage will aggressively enforce its intellectual property rights to the fullest extent of the law. Only Jorgen’s Garage and its licensees may use the Jorgen’s Garage trademarks in advertising, promotional, and sales materials. You may not use any Jorgen’s Garage trademark unless you have an express written trademark license from Jorgen’s Garage. Copyright/Trademark Information
6.          Online Privacy. Online Privacy. Jorgen’s Garage uses the information that is collected from the site to, among other things, better serve its customers. For a complete description of our online privacy policy, see our Privacy Policy Privacy Policy.
7.          Disclaimer. BY USING THIS SITE, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY.
         THIS SITE IS PROVIDED "AS IS". JORGEN’S GARAGE DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, PRODUCT LIABILITY, AND FREEDOM FROM ERRORS, VIRUSES, AND BUGS (INCLUDING THE MILLENNIUM OR YEAR 2000 BUG), OR OTHER HARMFUL COMPONENTS.
         Jorgen’s Garage will not be responsible for any errors or omissions in the Materials or information provided on this site, any articles or postings for hyperlinks embedded in messages, nor for any loss or damage caused by your reliance on information obtained on this site or in a hyperlink site.
         References to third-parties, their products, and/or services does not imply endorsement by Jorgen’s Garage thereof.
         This site may contain technical inaccuracies or typographical errors. Changes are periodically added to the information herein; these changes will be incorporated in updates of the site. Jorgen’s Garage may make improvements and/or changes in the product(s) and/or the program(s) described in this site at any time without notice.
8.          Limitation of Liability. IN NO EVENT SHALL JORGEN’S GARAGE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION), ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, OR INABILITY TO USE THE SITE OR ANY HYPERLINK, EVEN IF JORGEN’S GARAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND ON ANY THEORY OF LIABILITY.
9.          Third-Party Sites. This site may be linked to other sites, which are not maintained by Jorgen’s Garage. Jorgen’s Garage is not responsible for the content of those sites. These links are provided for convenience purposes and are not under the control of Jorgen’s Garage or its affiliates. Jorgen’s Garage does not make any representations and warranties, express or implied, regarding the content of any of these linked sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation, with respect to any third party, any third party's site, the content of any third party's site, or any products or services provided by a third party, by Jorgen’s Garage of the sites. Jorgen’s Garage disclaims any liability for links: (i) from another site to Jorgen’s Garage; and (ii) to another site from Jorgen’s Garage. In order to link to Jorgen’s Garage, all users must comply with Linking Terms. Once you link to another site, you are subject to the policies of the new site.
10.          Linking Terms. By linking to our site, all "Linkers" accept and acknowledge the following terms of linking: Linker agrees that it will not at any time do or cause to be done any act or thing in any way impairing the image/reputation of Jorgen’s Garage. In connection with the use of the Jorgen’s Garage tradename/reference, Linker shall not in any manner represent that it is endorsed by Jorgen’s Garage or that Linker is acting in a representative capacity of Jorgen’s Garage. Except for the uses set forth herein, Linker shall not utilize the Jorgen’s Garage name nor its relationship with Jorgen’s Garage for purposes of or in any manner which intentionally gives rise to advertising or publicity, unless Jorgen’s Garage shall consent to such use in writing prior to publication.
         Regardless of the foregoing, Jorgen’s Garage reserves the right to rescind this consent with or without cause at any time. In such event, Linker shall remove its link to the Jorgen’s Garage site within 24 hours of receipt of notice from Jorgen’s Garage.
         LINKER EXPRESSLY AGREES THAT USE OF JORGEN’S GARAGE MATERIALS AND SITE IS AT LINKER'S SOLE RISK. JORGEN’S GARAGE DOES NOT WARRANT THAT ITS SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. JORGEN’S GARAGE PROVIDES THIS ACCESS "AS IS" WITHOUT WARRANTY OF ANY KIND. JORGEN’S GARAGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL JORGEN’S GARAGE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM USE OF ANY OF THE MATERIALS PROVIDED HEREUNDER OR ACCESS TO ANY OF THE SERVICES DESCRIBED HEREIN.
11.    Non-Confidential Information. All communications, including suggestions, questions, ideas, and/or comments concerning any and all products and services listed in this website shall not be considered confidential or proprietary information. Such information may be disseminated or used by Jorgen’s Garage for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to Jorgen’s Garage will be handled in accordance with Jorgen’s Garage's Online Privacy Practices.
12.          Revisions. Jorgen’s Garage may at any time revise these Terms of Use by updating this posting. By using this site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.
13.          Jurisdiction. This site is managed by Jorgen’s Garage from its office within Utah, United States of America. These terms shall be governed by and construed in accordance with the laws of the state of Illinois, without giving effect to any principles of conflicts of laws. Your use of this site represents your irrevocable consent to the exclusive jurisdiction of Illinois.
Copyright/Trademark Information
The following are some of the trademarks and service marks used by Jorgen’s Garage:
JORGEN’S GARAGE
JORGEN’S SHINE SHOP
FIND YOUR SHINE
GET YOUR SHINE ON
DIAMOND IN THE ROUGH
BLUEBALLZ
HYPER-GLOSS
CLEANIN
2ND CHANCE
GROOVY GLOSS
KEEP ‘R WET
GUARD ALL
BOVINE BEAUT’
COW SPIT
FORCE SHIELD
SHINER
OOPS STAIN REMOVER
SPIT SHINE
Jorgen’s Garage and its subsidiaries also own rights to other trademarks which may not be explicitly listed including marks which are formed by or incorporate "MAX".
Other trademarks and service marks are the property of their respective owners. Reference to a company, product, service or publication does not imply an approval or recommendation of that company, product, service or publication by Jorgen’s Garage.
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TERMS AND CONDITIONS OF SALE
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR (THE "CUSTOMER'S") RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
The following terms and conditions shall apply to all orders by Customer through this web site for the purchase of car detailing supplies and related products ("Supplies") from Jorgen’s Garage. By accepting delivery of the Supplies, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions shall apply unless Customer and Jorgen’s Garage have signed a separate Agreement covering the purchase of the Supplies in which case the separate agreement shall govern.
1. PURCHASE. Upon Jorgen’s Garage's acceptance of a Customer's order, a firm contract for the purchase and sale of the Supplies will be formed between Jorgen’s Garage and Customer, and shall incorporate all the terms set forth herein. These terms and conditions shall not be altered or amended by the use of any document(s). Any attempt to alter this document or to enter an order for Supplies which are subject to additional and/or altered terms and conditions will become null and void, unless otherwise agreed to in a written agreement signed by both parties.
2. DELIVERY. (NEED DELIVERY STATEMENT)
3. WARRANTY. Jorgen’s Garage warrants that Jorgen’s Garage is the legal and rightful owner of the Supplies or that it is legally licensed and/or authorized to sell and/or distribute Supplies being purchased hereunder. All Supplies delivered hereunder will be free and clear of any and all encumbrances of any kind.
         Customers acknowledge that Jorgen’s Garage is not the manufacturer of any of the Supplies purchased hereunder. Other than the warranties set forth above, any warranty with respect to the Supplies must come from the manufacturer. Jorgen’s Garage will pass through to Customers any applicable warranties of the manufacturer to the extent permissible. Notwithstanding anything to the contrary, Jorgen’s Garage's liability is limited to the replacement value of the Supplies.
         THIS WARRANTY SUPERSEDES ALL INCONSISTENT PROVISIONS OF ANY AND ALL PURCHASE ORDERS, INVOICES, ACKNOWLEDGMENTS, OR OTHER WRITINGS OR STATEMENTS, WRITTEN OR OTHERWISE. JORGEN’S GARAGE DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES AND PRODUCT LIABILITY, SPECIFICALLY INCLUDING THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
4. LIMITATION OF LIABILITY. Notwithstanding anything to the contrary, in no event will Jorgen’s Garage be liable for any indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory, including without limitation loss of data or its use, loss of profits, loss of business, or other economic damages, even if advised of the possibility of such loss or damage.
5. RETURNS. Except for special orders and non-catalog items, Jorgen’s Garage shall accept returns of Supplies if in resalable condition and if made within 30 days of original shipment. For returns of special orders and non-catalog items, Jorgen’s Garage shall accept returns on a case-by-case basis.
6.  TAXES. Customer shall be responsible for any state or local tax (excluding taxes based on Jorgen’s Garage's income or profits) that results from the transfer of title or sale or delivery of the Supplies purchased hereunder unless a valid and correct tax exemption certificate is furnished to Jorgen’s Garage prior to delivery.
7. RESERVATION OF RIGHTS. Jorgen’s Garage reserves the right to change at any time without notice these terms and conditions of sale.
8.  MUTUALITY. All debts and obligations of Jorgen’s Garage and Customer to each other are mutual and subject to setoff; for purposes of this sentence, Jorgen’s Garage and Customer shall be deemed to include each of the parties' respective subsidiaries and affiliates which directly or indirectly control or are controlled by such party through 100% equity ownership.
9.  NOT FOR RESALE. Customer agrees and represents that it is buying for its own internal use only, and not for resale.