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JACADI.US TERMS OF USE

WELCOME TO JACADI

The following terms of use ("Terms of Use") is an agreement between you, the customer ("Customer"), and Madcadi Inc., a Delaware corporation and a subsidiary of IDGroup, a French company, ("Madcadi") governing the purchase, or attempted purchase, sale or receipt of any merchandise (collectively, "purchase" or "purchasing") through jacadi.us and jacadi.com, including any subdomains, any embedded code or objects, and any web services (collectively, "Site"). Hereinafter, Jacadi shall mean Madcadi, IDGroup, and all parents, subsidiaries, intermediaries and affiliates thereof and all the officers, directors, shareholders, employees and agents thereof.

The purchase, or attempted purchase, sale or receipt of any merchandise from the Site is governed by the Conditions of Sale. If you are under 18, you must let your parent or guardian know about this Terms of Use, the Conditions of Sale and Jacadi's Privacy Policy before you register to use this Site or any of this Site's services and your parent or guardian must register on your behalf. Any purchases made by a minor will be null and void.

We may modify the Terns of Use from time to time and your continued use of this Site following such change shall signify your agreement to be bound by the modified Terms of Use. Please read the Terms of Use and check back often. If you do not agree to any change to the Terms of Use, then you must immediately stop using the Site.

REGISTRATION

To use some of the services or features made available to you on this Site, you will need to register and create an account. You may never use another user's account without permission. When creating your account, you must provide accurate and complete information. You must keep your account password secure and notify Jacadi immediately of any breach of security or unauthorized use of your account. Although Jacadi will not be liable for your losses caused by any unauthorized use of your account, you may be liable for Jacadi's losses or others due to such unauthorized use.

INTELLECTUAL PROPERTY RIGHTS

Content is defined as all copyright, designs, the "look and feel" of the Site, trademarks, including the trademark JACADI, and all other intellectual property rights including software and all HTML and other code contained in or run by this Site and all information such as the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, rich media, including Flash and Silverlight, images, sounds, music, video, or audio files on this Site. You acknowledge and agree that all Content shall remain at all times vested in Jacadi and/or are the property of their respective owners. All such Content is protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by Jacadi and/or its third party licensors. Any reproduction or redistribution of Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

IMPROPER USE

This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

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 Site.

You agree not to collect or harvest any information, including account names, from the Site, nor to use the communication systems provided by the Site for any solicitation purposes. You agree not to solicit, for purposes, any users of the Site with respect to any submissions made by them.

RIGHT TO DENY SERVICES

We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, or otherwise violated the Terms of Use, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

NO WARRANTY

You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site.

Jacadi does not warrant that the functional aspects of the Site or Jacadi's Content will be error free or that this Site, Jacadi's Content or the server that makes it available are free of viruses or other harmful components. If your use of this Site, or Jacadi's Content results in the need for servicing or replacing property, material, equipment or data, Jacadi is not responsible for those costs. Without limiting the foregoing, everything on the Site is provided to you "as is" and "as available" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. Jacadi and its programmers, content providers, designers, service providers, suppliers and affiliates make no warranties about Jacadi's Content, software text, downloads, graphics, and links, or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. Jacadi reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that Jacadi is not liable to you or any third party for any such withdrawal. While Jacadi will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to the Site's accuracy.

THIRD PARTY

We may include links on this Site to other websites or resources operated by parties other than Jacadi, including advertisers. Jacadi has not reviewed all of the sites linked to its Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.

You agree that, except for death and personal injury arising from our gross negligence, we will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the Terms of Use.

INDEMNIFICATION

At our request, you agree fully to defend, indemnify and hold harmless Jacadi, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms of Use by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet connection. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.

DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please contact our Copyright Agent at customerservice@jacadi.us with "Copyright" in the subject.

MISCELLANEOUS

(a) Complete Terms. The Terms of Use, together with the Conditions of Sale and the Privacy Policy constitute the whole legal agreement between you and Jacadi and govern your use of the Site and completely replace any prior agreements between you and Jacadi in relation to the Site. Notwithstanding the foregoing, you understand that Jacadi may make changes to the Terms of Use from time to time. When these changes are made, Jacadi will make a new copy of the Terms of Use available at the Site. You agree that Jacadi is under no obligation to provide you with notices regarding changes to the Terms of Use. You understand that it is your responsibility to check the Terms of Use regularly for changes.

(b) Modifications to the Site. Jacadi is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Site which Jacadi provides may change from time to time without prior notice to you. You further acknowledge and agree that Jacadi may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally at Jacadi's sole discretion, without prior notice to you.

(c) Confidentiality. You understand that Jacadi grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials ("Indexing Exceptions"). Jacadi reserves the right to revoke Indexing Exceptions either generally or in specific cases.

(d) Liability in the Event of Breach. You agree that you will comply with all of the provisions of the Terms of Use, Conditions of Sale and Privacy Policy. You understand that you are solely responsible for (and that Jacadi has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use, Conditions of Sale and Privacy Policy and for the consequences (including any loss or damage which Jacadi may suffer) of any such breach.

(e) Rights Not Waived. You agree that if Jacadi does not exercise or enforce any legal right or remedy which is contained in the Terms of Use (or which Jacadi has the benefit of under any applicable law), this will not waive Jacadi's rights and that those rights or remedies remain fully enforceable and available to Jacadi.

(f) Severability. 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.

(g) Governing Law. The Terms of Use, Conditions of Sale and Privacy Policy and your relationship with Jacadi, shall be governed by the laws of the State of New York without giving effect to the principles of conflict of law thereof. You and Jacadi agree to submit to the exclusive jurisdiction of the State and Federal courts in New York City, New York, and waive any claim or defense of forum non conveniens or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise. You agree to waive any right to a jury trial.

(h) Violation of Terms of Use. Please report any violations of the Terms of Use by emailing customerservice@jacadi.us

JACADI.US - CONDITIONS OF SALE

The following conditions of sale ("Conditions of Sale") is an agreement between you, the customer ("Customer"), and Madcadi Inc., a Delaware corporation and a subsidiary of IDGroup, a French company, ("Madcadi") governing the purchase, or attempted purchase, sale or receipt of any merchandise (collectively, "purchase" or "purchasing") through jacadi.us, including any subdomains, any embedded code or objects, and any web services (collectively, "Site"). Hereinafter, Jacadi shall mean Madcadi, IDGroup, and all parents, subsidiaries, intermediaries and affiliates thereof and all the officers, directors, shareholders, employees and agents thereof.

We may modify these Conditions of Sale at any time, without notice. By your purchase, attempted purchase, sale or receipt of any merchandise from Jacadi, you indicate your consent to these Conditions of Sale and hereby agree to be bound by these Conditions of Sale.

TERMS OF USE AND PRIVACY POLICY

In order to purchase merchandise from Jacadi, you must access and use the Site, which access to and use of is governed by the Terms of Use. You will also be required to submit information, which is governed by Jacadi's Privacy Policy. These Conditions of Sale together with the Terms of Use and the Privacy Policy govern your use of the Site and services provided on the Site.

ELIGIBILITY TO PURCHASE

Purchases are available only to individuals who
(i) can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of New York and of the United States,
(ii) have been issued a valid credit card by a bank acceptable to Jacadi and who have authorized Jacadi to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase,
(iii) have a valid address to which merchandise can be delivered.

In order to make purchases through the Site, you will be required to register and provide personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.

By ordering or attempting to order merchandise at the Site, you expressly authorize Jacadi, or its payment processor, to perform a one-time per purchase credit check, and where necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions. If you are under 18, you must let your parent or guardian know about these Conditions of Sale and Jacadi's Terms of Use and Privacy Policy and your parent or guardian must register on your behalf. Any purchases made by a minor will be null and void.

ORDERS

All merchandise is sold on a first come, first served basis and is subject to availability. While Jacadi cannot guarantee the availability of any product or products available in stock, Jacadi makes a good faith effort to only offer merchandise for sale that is in stock and available for dispatch from our distribution center. Final stock availability is assessed at time of shipping, not at time of purchase.

Jacadi reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

Items in your shopping cart are not reserved and may be purchased by other customers.

PRICING POLICY

Prices shown on the site are in US Dollars and are exclusive of taxes. If you are shipping within the United States, sales tax will only be charged on orders shipping to destinations within the states of Arizona, California, Connecticut, Florida, Georgia, Massachusetts, New Jersey, New York, New York, Texas, Virginia.

All prices and offers remain valid as advertised from time to time. The US Dollar price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order.

Unless you cancel your order, acceptance of your order and completion of the contract between you and Jacadi will occur when the goods you offered to purchase are placed in the custody and control of a common carrier ("dispatch"), at which time you will receive a second email acknowledging the details of your order and the details of the shipment information. The sale contract is therefore concluded in the State of New York, USA and the language of the contract is English.

We reserve the right to reject your order in the event that, for example, we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or you do not meet the eligibility criteria set out within this Conditions of Sale.

Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.

We will notify you by the email of any rejection of, partial rejection of, or required change to your order.

PAYMENT

Payment can be made by Visa, MasterCard, American Express and any other methods which may be clearly advertised on the site from time to time ("Payment Card"). We will not charge your Payment Card until the product is in stock. Payment will be debited and cleared from your account upon dispatch of your order by Jacadi. All Payment Card holders are subject to validation checks and authorization by the card issuer.

A foreign transaction fee may be charged by your card issuer.

Occasionally, high demand causes us to run out of certain items. If we don't have an item that you have ordered in stock, we will notify you by email.

Sometimes, an item is out of stock and not expected to come back in stock, so we must cancel the item. In this case, if you paid with a credit card, we will not charge you for the item or any taxes, shipping or handling charges.

We take all reasonable care to make our Site as secure as we can make it. All credit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment. These details will be fully encrypted and only used to process card transactions which you have initiated.

You confirm that the Payment Card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it.

INSURANCE AND DELIVERY

Jacadi insures each purchase during the time it is in transit until it is delivered to you. We require a signature for the delivery of any merchandise, including gifts, at which point responsibility for your purchased goods passes to the recipient.

Jacadi ships all items as expeditiously as possible. In the event that items do not leave Jacadi's warehouse within 30 days of the date Jacadi accepts your order, Jacadi shall provide to you by email the option of cancelling your order without penalty.

Jacadi ships to all continental states and the District of Columbia. Jacadi does not ship to Alaska, Hawaii or any United States overseas territory or overseas military base.

TRACKING YOUR ORDER

You can check the current status of your shipment by signing into your account and reviewing previous orders.

REFUNDS

Any product returned within 30 days in brand new condition, in its original packaging with all tags attached ("New Condition") will be accepted for a refund at the purchase price, minus shipping costs.

To receive a refund, please contact Jacadi at customerservice@jacadi.us or 1-877-882-3038 and request a Return Merchandise Authorization ("RMA") number. Please provide your order number when you contact us. You will be given an RMA number and a return address. Please ship to us at the return address the merchandise for which you received an RMA number and clearly indicate the RMA number on the outside of the package. Returns received without a valid and clearly indicated RMA number will be returned to you at your expense.

Upon receipt of your return merchandise, if your return merchandise is in New Condition, Jacadi will issue you a full refund, minus shipping costs.

Gift returns are subject to the same rules as regular returns, with a refund of the purchase price amount being applied to the purchasing Payment Card.

Jacadi does not refund promotional items and final sales items. Items bought on sale will be refunded at the sale purchase price. Jacadi reserves the right to refuse to accept as returns seasonal items.

ORDER PROBLEMS

If you receive delivery of an item that is not the item, size or color you ordered, or other the order is otherwise defective, you may return the merchandise, in New Condition, within 30 days for a full refund including all shipping costs. If the defect is a manufacturer's defect, you have 90 days to return the item. If Jacadi delivered to you the size you ordered, but this size turns out to be incorrect, you may return this for a refund of the purchase price, minus shipping costs. Follow the instructions to receive a refund above and indicate that there is a problem with your order when you contact Jacadi.

SHOES

All shoes should be tried on a carpeted surface before wear. Shoes should be returned in their original, undamaged shoe box as this is considered part of the product. Shoes that are returned without boxes or in damaged boxes may not be accepted and may be sent back to the customer without a refund. Customer shall be liable for all shipping costs associated with the return and rejection of all damaged shoes.

SOILED OR USED MERCHANDISE

A return may not be accepted if it is soiled or evidences wear and tear, and may be sent back to the customer without a refund. Customer shall be liable for all shipping costs associated with the return and rejection of such soiled or used merchandise.

IMAGES

We have made every effort to display as accurately products that appear on the Site. Nonetheless, due to lighting conditions, differences in monitor types and display settings, merchandise colors, materials and patterns may appear slightly different than they actually are. Jacadi is not responsible for such visual differences.

LIMITATIONS ON LIABILITY

We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

In the absence of gross negligence or negligence on our part we are not liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

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