Japan Business Systems S.A. de C.V. doing business as JBS USA, Inc. (“Company”, “we”, “us” or “our”) maintains these Terms of Service (“TOS”) that describes the terms and conditions applicable to the use of our website(s), including https://www.jbs.com/ (collectively, the “Website”).  Your use of the Website is subject at all times to these TOS and the Company’s Privacy Policy (the “Privacy Policy”).  Any inconsistencies between the TOS and the Privacy Policy shall be resolved by the Company in its sole and absolute discretion. 

 

Each time you use or access the website, you agree to be bound by these tos and represent that you have read and understood the rights, obligations, terms and conditions set forth herein and agree to be legally bound by them.  If you do not understand or agree to be bound by (or cannot comply with) these tos, do not use or access the website.  Your continued access of the website shall be deemed to constitute your agreement to be legally bound by these tos, as they may be amended from time to time.  Any references herein to “you” and “your” refer to both you and such person and entity on whose behalf you act, if any.

 

In some instances, separate terms of service, rules, policies or guidelines will set forth additional conditions that may apply to products or serviced offered by the Company (“Additional Terms”).  To the extent there is a conflict between the TOS and any Additional Terms, the Additional Terms takes precedence unless the Company determines otherwise, in its sole and absolute discretion.

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1. LICENSE

 (a) Grant.  Subject to the terms and conditions of these TOS, the Privacy Policy and any Additional Terms (each of which are hereby incorporated by this reference), the Company hereby grants to you a limited, non-exclusive, non-transferable and revocable right and license to use and display the Website solely for non-commercial personal use.  The Company may terminate this license without notice in the event you fail to comply with these TOS, any Additional Terms or the Privacy Policy.  Upon termination of the license, you must immediately cease accessing or using the Website.

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 (b) Limitations.   The license granted to you is subject to the following limitations.  You shall not or permit any other person to:
   (i) in whole or in part modify or create any derivative work of the Company Materials (defined below);

    (ii) modify or remove any copyright, patent, confidentiality, and other notices, labels or legends in any Company Materials;                          

    (iii) sell, grant a security interest in or transfer reproductions of any Company Materials to other parties in any way not expressly authorized herein;

    (iv) assign, rent, lease or license any Company Materials to others; and

    (v) exploit the Company Materials, or any of its parts for any commercial purpose.

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Your failure to comply with the restrictions and limitations listed above and elsewhere in these TOS shall result in termination of the license granted hereunder with immediate effect and may subject you to civil and/or criminal liability. 

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2. IP OWNERSHIP

 (a) Website.  The Company and/or its licensors retain exclusive right, title and interest (including all intellectual property rights) in and to all materials that are part of the Website (including past, present and future versions), including, without limitation: graphics; layout; text; images; audio and/or video; designs; advertising copy; logos; domain names; trade names and marks; and service marks; any and all copyrightable material; the “look and feel” of the Website; the compilation, assembly and arrangement of the materials of the Website; and all other materials or content made available on the Website (collectively, the “Company Materials”) and such Company Materials are  protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.  

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 (b) Trademark Notice.  All words and logos in a Website marked by the ™ or ® symbols are trademarks and service marks of the Company and/or its licensor(s).  All rights are reserved.  All other trademarks and service marks appearing in a Website are the property of their respective owners.  All rights are reserved.  Use of any of our trademarks, service marks or names as “metatags” for any purpose other than as expressly authorized in these TOS is strictly prohibited.

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 (c) No Additional Rights.  Only those licenses expressly set forth in these TOS are granted.  No other licenses are granted under these TOS, whether by implication, estoppel, course of conduct, or otherwise.  Nothing in these TOS is intended to transfer any of the right, title and interest (including all intellectual property rights) from the Company and/or its licensors to you or any third party.  If you are ever inadvertently or erroneous held or deemed to be the owner of any such rights, you agree to assign and hereby irrevocably assign to the Company or its licensors, as the case may be, all such rights as of the effective date of these TOS, and agree to execute all documents to implement and confirm the letter and intent of the foregoing. 

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3. MODIFICATIONS

 (a) Terms of Service.  The Company may, from time to time, modify, amend, or supplement these TOS and post those changes on the TOS page. Such modifications or supplements shall be effective immediately upon posting on the Website. You are responsible for periodically checking the Website for changes to the TOS. You can determine when the TOS were last revised by referring to the “Effective Date” legend at the top of these TOS.  If you do not agree to be bound by (or cannot comply with) the TOS as modified or supplemented, you agree that your sole remedy is to cease using the Website.  Your continued use of the Website constitutes your agreement to be bound by the modified TOS.

 

 (b) Changes.   The Company reserves the exclusive right and may, at any time and without notice and liability to you, modify, supplement, suspend or discontinue (collectively, “Changes”) the Website, whether temporarily or permanently, in whole or in part for valid commercial reasons and/or as required by applicable law.  Any such Change shall be effective immediately upon notice by posting on the Website or these TOS, or by any other method of notice the Company deems appropriate.  Any access or use of the Website after such notice of Change, constitutes acceptance by you of such Change.  Temporary interruptions in the availability of the Website may occur from time to time as normal events. You agree that neither the Company nor any of its affiliates, licensors, agents, or employees is liable to you or any third party for any revision, supplement, suspension, or discontinuation of the Website, and termination of any license.   The Website may include technical inaccuracies, typographical errors or may enable you to access or download harmful or malicious code introduced onto the Internet by third parties. The Website are made available internationally and may contain references to products, programs, and services of the Company /or its licensors that are not available in your location. Such references do not imply that the Company or its licensors intend to make available such products, programs, or services in your location.

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4. DISCLAIMER OF WARRANTIES

You expressly agree that the use of the website and the internet is at your sole risk.  The website is provided on an “as is” and “as available” basis for your use, without warranties of any kind, either express or implied, including, without limitation, any warranty of merchantibility, satisfactory quality, non-infringement or fitness for a particular purpose.  The company provides the website on a commercially reasonable basis and does not guarantee that you will be able to access or use the website at times or locations of your choosing, or that the company will have adequate capacity for the website as a whole or in any specific geographic area. Your access and use of the website is at your own discretion and risk and you are solely responsible for any damage to your computer or mobile device, or any other damages that results from such access or use.

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5. LIMITATIONS OF LIABILITIES

You acknowledge and agree that your sole and exclusive remedy for any dispute with the company or its licensors is to stop accessing using the website. You acknowledge and agree that in no event will the company, its licensors or its affiliates be liable for any act or failure to act by them or any other person regarding conduct, communication or content on the website or the access or use thereof. Moreover, to the extent permitted by applicable law, you acknowledge and agree that in no case shall the company’s or its licensors', affiliates’, employees', officers', or directors' (collectively, “company affiliates”) liability to you in respect to any act or failure to act in relation to the website exceed us$100.  Furthermore, in no case shall the company, its licensors or affiliates be liable for any indirect, special, incidental, consequential or punitive damages (including, without limitation, those resulting from personal injury, damage to property, loss of profits, data, use, goodwill, business interruption, or other comparable loss) arising from your use of the website, the internet or for any other claim related in any way to your use of or usership, whether based on warranty, contract, tort or any other legal theory and whether or not the company or any company affiliate has been advised of the possibility of such damages.  Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the company’s and company affiliates' liability shall be limited to the full extent permitted by law.

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6. LINKS

For the convenience of our user, the Website may provide certain links to services and websites provided by third parties. The Company is not responsible for the content of any other services or website linked to or from the Website.  If you follow any such links, you leave the Website and you do so entirely at your own risk.  The Company provides links from the Website solely as a convenience to you and in no way should this be interpreted as a referral or endorsement of any content, sponsor or owner of any other services or websites. THE COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SERVICES OR WEBSITES, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SERVICE OR WEBSITE.

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7. INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company and its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys' fees and costs, arising from: (a) your breach of these TOS, the Privacy Policy, Additional Terms or any applicable rules, laws or regulations, whether or not referenced herein, (b) in connection with your access and use of the Website in breach of these TOS, the Privacy Policy, the Additional Terms or any applicable rules, laws or regulations, whether or not referenced herein, (c) violation of any rights of any third party or (e) any interaction you may have with other users of the Website, and any dispute arising in relation thereto.  The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall provide all reasonable assistance and cooperation to the Company as may be required by the Company in respect of such matter.  The obligations set forth herein shall survive termination of these TOS.

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8. GOVERNING LAW

This Website is made accessible, operated, and controlled from Japan Business Systems Technology doing business as JBS USA, Inc. in the State of California, U.S.A.   It can be accessed from various countries of the world.  The laws of the State of California, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Website and your access and use of the Website.  By accessing or using the Website, you submit and consent to the exclusive jurisdiction of state and federal courts in the State of California with respect to any dispute or cause of action (whether contractual or non-contractual) arising out of or in connection with these TOS, the Privacy Policy, the Additional terms and/or your access and use of the Website.

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9. INJUNCTIVE RELIEF

You acknowledge that the rights granted and obligations made hereunder to the Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm the Company and which cannot be replaced by monetary damages alone so that the Company shall be entitled to injunctive or other equitably relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.  You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any).

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10. VOID WHERE PROHIBITED

The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country.   The Company makes no representation or warranty that any material on the Website is lawful in every jurisdiction from which such content can be accessed or is available for use in all jurisdictions.  If you access or use the Website from a jurisdiction outside the State of California you are responsible for compliance with all applicable local laws.  

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11. PRIVACY POLICY

The Company is committed to respecting your privacy and the confidentiality of your personal data.  The Privacy Policy sets out how the Company may use your personal data, the traffic data and the content contained in your communication(s).  If you object to your information being used in the way set out in the Privacy Policy, your sole remedy is to cease accessing and using the Website.

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12. NOTICE　

In the event the Company decides, in its sole and absolute discretion, to give notice to a user regarding the termination of the licenses granted herein, revisions to payment policies, or any Changes, it may do so via email, telephone call, posting in the Website or these TOS, or such other method of notice the Company deems appropriate.  Where Company decides to give such notice, any access or use of the Website after delivery of such notice constitutes acceptance by you of the noticed action. 

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13. MISCELLANEOUS

If any provision of these TOS, the Privacy Policy and/or Additional Terms (if applicable) is held to be invalid or unenforceable, that provision will be deemed severable to these TOS, the Privacy Policy and/or Additional Terms and shall not affect the validity and enforceability of any remaining provisions which will remain in full force and effect. The TOS, the Privacy Policy and Additional Terms (if applicable) constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  Each party acknowledges that, in entering into these TOS it has not relied on, and (in the absence of fraud) shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these TOS.  Nothing in the foregoing sentence shall exclude or restrict the liability of you arising out of fraud or fraudulent misrepresentation.  Any waiver of any provision of the TOS will be effective only if in writing and signed by the Company.  The failure of party to assert any right under these TOS shall not be considered a waiver of that party's right will remain in full force and effect. The original English version of these TOS may have been translated into other languages.  In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.  You are not allowed to assign the TOS or any rights hereunder.  The Company is allowed at its sole discretion to assign the TOS or any rights hereunder to any third party, without giving prior notice to you.

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14. COMPLAINTS, NOTICE AND CONTACT INFORMATION

The Company takes claims of infringement of intellectual property rights, defamation, and violation of rights of privacy or publicity very seriously.  If you believe that any of the material that is or was on the Website infringes or has infringed any rights, including copyrights or trademarks, owned by you, or by an owner for which you are authorized to act, please contact us at support@jbs.com.  If you have any questions, complaints, or comments regarding these TOS, or have other questions or suggestions about our Website, please contact us via e-mail at support@jbs.com.

 

Copyright © 2020 Japan Business Systems S.A. de C.V.  All rights reserved.