2. Site Contents and Components
Everything on the Site, including text and images, is owned and copyrighted by John Wayne Enterprises or others. All rights are reserved unless otherwise noted. You may use or reuse parts of the Site only as stated in these Terms, unless we confirm otherwise to you in writing. Should you wish to use material you find on the Site in a way not described in these Terms, please ask by emailing us at firstname.lastname@example.org.
3. Your Use of the Site
You may use the Site as follows:
You may download parts of the Site for noncommercial, personal use, as long as you also do not remove any copyright and/or other proprietary notices contained on or in what you download. We encourage you to use the social media tools we include as part of the Site experience, and to interact with the accounts we maintain on services like Facebook, Twitter, Instagram, Vimeo, and Pinterest. We may share, or allow you to share, parts of the Site on these or other social media platforms from time to time, and you agree that these Terms apply, together with the terms of these third party services themselves, when we do so.
If you would like to use parts of the Site other than as described in 3(a), above, please direct your request to email@example.com. Unless we confirm otherwise to you in writing, you may only use the Site and its components as described in these Terms, and are prohibited from and agree not to do otherwise.
4. User Submissions and Conduct
You agree not to use the Site for any unlawful purposes or in furtherance of illegal activities. You agree to be polite and respectful in your interactions using tools provided by the Site, and you agree not to threaten, intimidate, or harass others. You agree not to submit or post obscenity or pornography. Should you submit any material to the Site, you agree you are at least 13 years of age; the Site does not knowingly accept submissions or any information from children under the age of 13. International users agree to comply with all local laws regarding online conduct and acceptable content. You agree that John Wayne Enterprises has broad discretion to enforce and interpret this provision in order to maintain a civil, open, comfortable, and appropriate atmosphere for all users of the Site.
5. Copyright Policy
John Wayne Enterprises respects the intellectual property rights of others and expects users of the Site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 (vi) 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 copyright owner.
We reserve the right to remove material alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, John Wayne Enterprises will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Site is:
John Wayne Enterprises
Attn: Copyright Agent
210 62nd Street
Newport Beach, CA 92663
6. Prices and availability of products.
Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an order confirmation or a shipping confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an order confirmation without penalty.
On very rare occasions, you may receive a shipping confirmation from us, but the product is no longer available in our or our third party fulfillment provider’s inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
7. NOTICE TO SITE USERS ON COLLECTION OF TAX AND USER WAIVER OF DAMAGES OWING TO ERROR IN CALCULATION OF TAX
In states where we have no physical presence, we are not required to collect and remit sales tax for Site purchases. However, many states require that their residents file a sales or use tax return for items purchased on this Site. You should consult your state and local tax laws to determine compliance with tax laws and regulations in your area. In some states we collect and remit sales tax. For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. We use reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax we represent to you as the tax owed. Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local “tax holidays,” the timing of rate changes or the application of certain taxes to categories of items we sell. As a result of any error, we may overcollect or undercollect your tax. In consideration of our allowing you access to and use of the Site, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold harmless the Site and the Wayne Entities for any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your purchases.
The term shipping or ship includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order the soonest they are available and conditions permit. In these instances, any notification to you that your order has ”shipped,” marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time. You agree that credit cards, debit cards, or other forms of payment are to be charged on the date of inventory reservation for the order, not the date of shipping. Shipping charges are calculated at checkout and may vary based on quantities ordered and shipping destinations. Please check the shipping subtotal during the checkout process for the precise shipping charges applicable to your order.
9. Risk of Loss
All items purchased from JohnWayne.org are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.
10. Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of John Wayne Enterprises and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Wayne Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
(a). The Site Is Available “AS-IS”
Your access to and use of Site and each part of it are at your own risk. You understand and agree that the Site are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE WAYNE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Wayne Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Site and each part of it; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site and each part of it; (iii) the deletion of, or the failure to store or to transmit, any data, materials, or communications maintained by the Site; and (iv) whether the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Wayne Entities or through the Site, will create any warranty not expressly made herein.
(b). Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WAYNE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OR MATERIAL OBTAINED FROM THE SITE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS, MATERIAL OR SUBMISSIONS.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE WAYNE ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID ANY WAYNE ENTITY, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE WAYNE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
The Site may contain links to third-party websites or resources. You acknowledge and agree that the Wayne Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Wayne Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
11. Law and Jurisdiction
The Site is controlled and operated by John Wayne Enterprises from its offices within the State of California, USA. Those who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with all local laws, if and to the extent local laws are applicable.
12. Entire Agreement
13. Waiver and Severability
The failure of John Wayne Enterprises to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Effective November 8, 2012