General
Welcome to the website (the "Website") of Home Park Citizen Patrol ("Home Park Citizen Patrol"). Please carefully review these terms and
conditions ("Terms of Use"), the Privacy Policy,
and the terms and conditions on the Website that govern particular
offers or features (e.g. requests for information) ("Additional Terms
and Conditions," together with these Terms of Use and the Privacy
Policy, form the "Terms & Conditions") all of which collectively
govern your use of and access to all of the Website and any and all
content, data and information contained therein. YOUR USE OF
ANY PORTION OF THIS WEBSITE CONSTITUTES YOUR UNCONDITIONAL TERMS &
CONDITIONS TO FOLLOW AND BE BOUND BY THIS TERMS & CONDITIONS, AS
MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY HOME PARK CITIZEN PATROL, IN
ACCORDANCE WITH THIS TERMS & CONDITIONS. IN THE EVENT OF ANY
INCONSISTENCY OR CONFLICT BETWEEN THESE TERMS OF USE, THE PRIVACY
POLICY AND THE ADDITIONAL TERMS AND CONDITIONS, THE FOLLOWING ORDER OF
PRECEDENCE SHALL CONTROL: (1) TERMS OF USE, (2) PRIVACY POLICY AND (3)
ADDITIONAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND
CONDITIONS OF THIS TERMS & CONDITIONS, YOU ARE NOT PERMITTED TO USE
OR ACCESS THIS WEBSITE.
Modifications of This Terms & Conditions
Home Park Citizen Patrol reserves the right to change, modify, amend and/or
update this Terms & Conditions at any time with or without prior
notice. Your use of this Website following any such changes,
modifications, amendments and/or updates constitutes your unconditional
agreement to follow and be bound by this Terms & Conditions as so
changed, modified, amended and/or updated. You are responsible for
reviewing this Terms & Conditions each time you use or access any
portion of this Website.
Links
Home Park Citizen Patrol is not affiliated or associated with the sponsors,
owners or producers of any third party websites linked to or from this
Website. These linked sites are not under our control and Home Park Citizen Patrol
explicitly disclaims any responsibility for the accuracy, content or
availability of the information, products, and/or services found on or
through such third party sites. Home Park Citizen Patrol does not endorse and has
not taken any steps to confirm the accuracy or reliability of any of
the information, products or services contained on or through such
third party sites. Home Park Citizen Patrol does not make any representations or
warranties as to the security of any information (such as credit card
and other sensitive information) you might give on any third party site.
Solely Intended for United States Users
Unless otherwise explicitly specified on the Website, the information on all of the Website is intended solely for use and access by persons residing in the United States, its territories and possessions. Home Park Citizen Patrol controls and operates its Website from offices located in
the United States and makes no representations or warranties that the
information, products or services contained on the Website is
appropriate for use or access in other locations. Anyone using or
accessing any of the Website from other locations does so on their own
initiative and are responsible for compliance with local United States
laws, if and to the extent applicable.
Use
The Website and its contents are intended solely for personal use.
Unless otherwise explicitly specified, all materials that are included
in or are otherwise a part of this Website are copyrights, patents,
trademarks, trade dress and/or other intellectual property owned,
controlled or licensed by Jimmy John's or by third parties who have
licensed their materials to Home Park Citizen Patrol and are protected by U.S. and
international intellectual property laws. The compilation (i.e., the
collection, arrangement and assembly) of all materials on this Website
is the exclusive property of Home Park Citizen Patrol or its licensors and is
protected by U.S. and international copyright laws. Except as solely
provided in the next sentence, no material from any portion of this
Website may be copied, reproduced, republished, uploaded, posted,
transmitted or distributed in any way. You may download one copy of the
materials on any single computer for your personal use only, provided
that: (a) you keep intact all copyright and other proprietary notices;
(b) you do not use the materials in a manner that suggests an
association with any of our products, services or brands; and (c) you
make no modifications to the materials.
In addition, you agree not to: (a) use or access this Website for
any purpose that is unlawful or prohibited by this Terms &
Conditions; (b) use or access this Website in a manner that could
damage, disable, overburden, or impair any Home Park Citizen Patrol server or the
networks connected to any Home Park Citizen Patrol server; (c) interfere with any
third party’s use and enjoyment of this Website; or (d) attempt to gain
unauthorized access to accounts, computer systems or networks connected
to any Home Park Citizen Patrol server through hacking, password mining or any
other means.
If you are under 18, you may use the Website only with
involvement of a parent or guardian. Home Park Citizen Patrol and its affiliates
reserve the right to refuse service at their sole
discretion.
User Ids/Passwords
Use of certain features on the Website might be limited and/or
require registration. Home Park Citizen Patrol will review and determine, in Home Park Citizen Patrol sole discretion, whether to accept the your registration. Home Park Citizen Patrol shall have the right, in its sole discretion, to refuse or
restrict anyone from access to the Website(s) at any time for any
reason. Upon acceptance of your registration by Home Park Citizen Patrol, you may
select your user ID and password (collectively "Password") for access
to and use of the applicable portion of the Website. When registering
for your Password, you must provide accurate and complete information.
Home Park Citizen Patrol reserves the right to require you to periodically
change your Password. You agree to use your best efforts to maintain
the security of your Password. You shall not disclose your Password to
anyone else, and you shall not use anyone else's Password. You agree to
notify Home Park Citizen Patrol immediately about any unauthorized use of your
Password or any breach of security. You further agree that Home Park Citizen Patrol
shall not be responsible for your failure to comply with this Section
or any loss or damage arising out of, or related to, your use of your
Password by you or anyone other than Home Park Citizen Patrol.
Charges and Payment
In certain instances, Home Park Citizen Patrol may charge a user, subscription
or other fee. In those instances where a fee may be charged, Home Park Citizen Patrol will notify you of the fee prior to your incursion of charges.
Disclaimer
THIS WEBSITE IS PROVIDED BY HOME PARK CITIZEN PATROL ON AN "AS IS" AND "AS
AVAILABLE" BASIS. HOME PARK CITIZEN PATROL MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR
THE INFORMATION INCLUDED ON SUCH WEBSITE. HOME PARK CITIZEN PATROL DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM
INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. HOME PARK CITIZEN PATROL DOES NOT
REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL
BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT
THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE
FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. HOME PARK CITIZEN PATROL DOES NOT
MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THIS
WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY,
RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE,
THAT YOUR USE IS AT YOUR SOLE RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY,
WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL HOME PARK CITIZEN PATROL OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS,
OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE
ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR
INABILITY TO USE OR ACCESS THIS WEBSITE, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK
STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN
IF AN AUTHORIZED REPRESENTATIVE OF HOME PARK CITIZEN PATROL HAS BEEN ADVISED OF OR
SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT
YOU, AND NOT HOME PARK CITIZEN PATROL, SHALL ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS
OR DAMAGE. IN NO EVENT WILL HOME PARK CITIZEN PATROL BE LIABLE FOR ANY DAMAGES IN
EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) FOR ANY CLAIMS ARISING FROM OR RELATED TO THIS TERMS & CONDITIONS.
User Submissions, Postings and Email Communications
All submissions, postings and email communications to or through the Website shall be subject to the Home Park Citizen Patrol Policy Regarding Submissions, Postings and Other Communications, which is incorporated into this Terms & Conditions by this reference.
Online Copyright Infringement Notification Policy
If you believe that this Website(s) contains materials that
constitute copyright infringement, please notify Jimmy John's in
accordance with our Online Copyright Infringement Notification Policy.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HOME PARK CITIZEN PATROL AND ITS OWNERS,
AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND
ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS' FEES,
ARISING FROM OR RELATED TO (I) YOUR USE OF THIS WEBSITE AND/OR (II)
YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS TERMS &
CONDITIONS.
Term and Termination
Home Park Citizen Patrol shall have the right to terminate your access to, and
use of, the Website immediately, if, in its sole discretion, Home Park Citizen Patrol believes that your conduct fails to conform with this Terms
& Conditions. Home Park Citizen Patrol also reserves the right to investigate
suspected violations of this Terms & Conditions, including without
limitation any violation arising from any submission, posting or
e-mails you make or send to the Website. Upon termination of this Terms
& Conditions, all rights granted to you under this Terms &
Conditions will cease immediately, and you agree that you will: (a)
immediately discontinue use of the Website(s); and (b) as applicable,
pay any amounts owed to Home Park Citizen Patrol in full within thirty (30) days
from the date of such termination.
Applicable Laws
This Terms & Conditions shall be governed by and construed under
the laws of the State of Nebraska, without regard to conflicts of laws
principles. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL
PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS
WEBSITE OR THE USE OR ACCESS THEREOF MAY BE IN THE STATE OR FEDERAL
COURTS LOCATED IN DOUGLAS COUNTY, NEBRASKA.
Commencement of Actions
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THIS
WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF
ACTION ARISES.
Miscellaneous
The failure of Home Park Citizen Patrol to act with respect to a breach of this
Terms & Conditions by you or others does not constitute a waiver
and shall not limit Home Park Citizen Patrol rights with respect to such breach or
any subsequent breaches. Neither the course of conduct between the
parties nor trade practice shall act to modify this Terms &
Conditions. Home Park Citizen Patrol may assign its rights and duties hereunder to
any party at any time without any notice to you. This Terms &
Conditions may not be assigned by you without Home Park Citizen Patrol prior
written consent. If any provision of this Terms & Conditions shall
be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from this Terms & Conditions and shall
not affect the validity and enforceability of any remaining provisions.
This Terms & Conditions may not be modified except in writing,
signed by both parties.
Forward-Looking Statements
This Terms & Conditions and the documents incorporated by
reference herein, if any, may contain forward-looking statements within
the meaning of Section 27A of the Securities Act of 1933 and Section
21E of the Securities Exchange Act of 1934. Such statements are based
on management's current expectations and assessments of risks and
uncertainties and reflect various assumptions concerning anticipated
results, which may or may not prove to be correct. Some of the factors
that could cause actual results to differ materially from estimates or
projections contained in such forward-looking statements include the
pattern of brand sales, including variations in sales volume within
periods; competition within the relevant product markets, including the
ability to develop and successfully introduce new products, ensuring
product quality, pricing, promotional activities, introduction of
competing products and continuing customer acceptance of existing
products; loss of distributorship rights; risks inherent in
acquisitions and strategic alliances; the loss of one or more key
employees; the effects of a prolonged United States or global economic
downturn or recession; changes in costs, including changes in labor
costs, raw material prices or advertising and marketing expenses; the
costs and effects of unanticipated legal or administrative proceedings;
and variations in political, economic or other factors such as currency
exchange rates, inflation rates, tax changes, legal and regulatory
changes or other external factors over which Home Park Citizen Patrol has no
control. Home Park Citizen Patrol has no obligation to update any forward-looking
statement in this Terms & Conditions or any incorporated document.
HOME PARK CITIZEN PATROL POLICY
REGARDING SUBMISSIONS, POSTINGS
AND OTHER COMMUNICATIONS
Submissions
All remarks, suggestions, ideas, graphics, or other information
communicated by you to Home Park Citizen Patrol through the Website (collectively,
the "Submission") will forever be the property of Home Park Citizen Patrol and you
waive all of your rights, including but not limited to moral rights,
therein if applicable, provided that you will continue to be
responsible for the content of the Submission including, without
limitation, any indemnification obligations related to such
Submissions. Home Park Citizen Patrol will not be required to treat any Submissions
as confidential (unless required by law or if Home Park Citizen Patrol has agreed
to treat it as confidential in other documentation), and will not be
liable for any ideas for its business (including without limitation,
product or advertising ideas) and will not incur any liability as a
result of any similarities that may appear in future Home Park Citizen Patrol
operations. Without limitation, Home Park Citizen Patrol will have exclusive
ownership of all present and future existing rights to the Submission
of every kind and nature everywhere and will be entitled to use the
Submission for any commercial or other purpose whatsoever without
compensation to you or any other person sending the Submission. Home Park Citizen Patrol retains the right to review, edit or delete from the Website any
Submission which Home Park Citizen Patrol in its sole discretion considers illegal,
offensive, in violation of a third party right or otherwise
inappropriate.
Email and Other Communications
In connection with your use of the Website, you consent to Home Park Citizen Patrol recording any communication, electronic or otherwise, between
you and Home Park Citizen Patrol and retaining any information and data you submit
while using the Website.
In using the Website, you may be permitted to communicate
electronically with Home Park Citizen Patrol by sending electronic mail to Home Park Citizen Patrol; however, you acknowledge and agree that only general
information or inquiries may be submitted to Home Park Citizen Patrol via
electronic mail and any other submissions or communications on or
through the Website may be submitted
only in accordance with the express instructions set forth on the
Website for such submissions or communications. Please do not send any
time-sensitive communications to Home Park Citizen Patrol via e-mail as Home Park Citizen Patrol cannot be responsible for responding to any such communications.
Investigations
Home Park Citizen Patrol may seek to gather information from the user who is
suspected of violating this Terms & Conditions, and from any other
user. Home Park Citizen Patrol may suspend any users whose conduct or postings are
under investigation and may remove such material from its servers as it
deems appropriate and without notice. If Home Park Citizen Patrol believes, in its
sole discretion, that a violation of this Terms & Conditions has
occurred, it may edit or modify any submission, posting or e-mails,
remove the material permanently, cancel postings, warn users, suspend
users and passwords, terminate accounts or take other corrective action
it deems appropriate. Home Park Citizen Patrol will fully cooperate with any law
enforcement authorities or court order requesting or directing Home Park Citizen Patrol to disclose the identity of anyone posting any e-mails, or
publishing or otherwise making available any materials that are
believed to violate this Terms & Conditions. YOU WAIVE AND HOLD
HARMLESS HOME PARK CITIZEN PATROL FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN
BY HOME PARK CITIZEN PATROL DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM
ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER HOME PARK CITIZEN PATROL OR LAW ENFORCEMENT AUTHORITIES.
ONLINE COPYRIGHT INFRINGEMENT NOTIFICATION POLICY
If you believe that the Website contains materials that constitute
copyright infringement, please notify our Designated Agent, in writing using the following contact information:
Name of Designated Agent to Receive Notification of Claimed Infringement: Home Park Citizen Patrol - Webmaster
Full Address of Designated Agent to Which Notification should be Sent: PO Box 8735, Omaha NE 68108
Under Title 17, United States Code, Section 512(c)(3)(A), your
notice of a claimed copyright infringement to our Designated Agent must
be in the form of a written communication that includes the following
information:
- Your address, telephone number and e-mail address;
- Identification of the copyrighted work (or works) that you claim has been infringed;
- A description of the material that you claim is infringing the copyrighted work;
- A clear description of where the infringing material is located on
the Website, including its URL, so that Home Park Citizen Patrol can locate the
material;
- A statement that you have a good-faith belief that the disputed use
is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf; and
- An electronic or physical signature of the owner or of the person
authorized to act on behalf of the owner of the copyright interest.