TERMS OF USE

Last Updated August 29, 2023

Welcome to www.eriksonconsumer.com a site operated by Erikson Consumer. Erikson Consumer is a division of JAM Industries, Ltd. (“JAM”). JAM Industries ltd. is a company registered in Canada, with our registered office situated at 21000 Autoroute Trans Canadienne, Baie D’urfe, Quebec, H9X 4B7. JAM provides this website to you for your convenience and to provide you with information about JAM and our products. Your access to this website is subject to your agreement with all the terms and conditions set forth below and in our Privacy Policy. These terms and conditions together with our Privacy Policy constitute the agreement between you and JAM regarding use of this website (“Agreement”).

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. USE OF THIS SITE INCLUDES ACCESSING, BROWSING, OR REGISTERING TO USE OUR SITE.

BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THESE TERMS CAREFULLY AS THEY ARE BINDING UPON YOU. PLEASE PRINT A COPY OF THESE TERMS & CONDITIONS FOR YOUR REFERENCE.

Modifications to this Agreement

We may revise the Agreement at any time by amending this page. We may update our site from time to time and may change the content on our site at any time. Any updates and/or content changes to our site shall take effect immediately. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

You agree to review the Agreement periodically to be aware of such modifications, as they are binding on you. Accessing or using our website constitutes your acceptance of the Agreement.

Ownership

All textual, graphical, and other content appearing on this website is the property of JAM.

All other names and marks mentioned in this website are the trade names, trademarks, or service marks of their respective owners.

Should you send JAM any website postings, feedback, or data, such as ideas, comments, and suggestions or questions regarding any JAM product or service on this website, such information will not be given confidential treatment. JAM will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in the Agreement. The views expressed by other users on our site do not represent our view(s) or values. Your submission of such postings, feedback and data constitutes an assignment to JAM of such material (along with any underlying or related ideas, concepts, techniques, and know-how) and you agree to assign all such postings, feedback, and data to JAM without charge.

License to Access

You may view, copy, print and use content contained on this website (including recorded material) solely for your own personal use, provided that: (I) the content available from this website is used for informational and non-commercial purposes only; (II) no text, graphics or other content available from this website is modified or framed in any way; and (III) no graphics available from this website are used, copied or distributed separate from accompanying text. The use of any content for commercial purposes is expressly prohibited. Nothing in this Agreement is intended to, or may be construed as, conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of JAM or any third party, except as expressly provided in this section.

You may not otherwise use, copy, modify, distribute, translate, reproduce, republish, disassemble, reverse engineer, decompile, mirror, or transmit any of the content or materials of this website or rent or sell use of or access to (such as on a time share or service bureau basis) this website, or any of the content or materials on this website, without the prior express written permission of JAM. You may not permit third parties to access this website or use any website content and may not make any other use of the website or any website content except as set forth in this Agreement, unless otherwise expressly agreed to in writing by JAM. You may not harvest or collect information about others, including e-mail addresses.

You agree to use the website for lawful purposes only. You may not post or transmit through the website any material (I) that violates or infringes in any way upon the rights of others, (II) that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, (III) that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or (IV) that, without JAM express prior approval, contains advertising or any solicitation. Any conduct by you that, in our discretion, restricts or inhibits any other person from using or enjoying the website will not be permitted.

You understand and agree that JAM may terminate or otherwise deny your access to the website and without notice, in the event that JAM believes in its sole discretion that (I) you have violated a provision of this Agreement, (II) you have used or misused the website in a manner that JAM has determined is unlawful, unethical or otherwise inappropriate, or (III) such action is reasonably necessary to protect a third party or JAM or if such action is otherwise required by law.

You acknowledge and agree (I) that your use of this website is at your own discretion and risk, (II) that use of any material, information or data downloaded or otherwise obtained through the use of this website is at your own discretion and risk, and (III) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Dealers, Distributors, and Other Third-Party Websites

This website may contain links to, or be accessed through links on, websites managed and operated by JAM dealers or distributors. JAM dealers and distributors are separate and independent entities and are not agents of JAM. JAM does not have control over the websites of JAM dealers or distributors or any other third-party website. As a result, JAM does not have responsibility for the content, information, misinformation, errors, availability, operation, or performance of any such third-party website to which this website may link or from which this website may be accessed.

Linking

If you operate another website and are interested in linking to our websites home page, you agree to do so in a way that is fair and legal and does not damage our reputation or take advantage of our reputation. In linking to our website you agree to be bound by the following rules: (I) the link must be a text-only link clearly marked; (II) the link must “point” to the URL www.eriksonconsumer.com and not to any other pages; (III) the link, and use thereof, must be in connection with a website of appropriate subject matter, and must comply in all respects with our content standards; (IV) the link, and use thereof, may not create the false appearance that may suggest any form of association, approval or endorsement on JAM’s part where none exists and (V) the link, when activated by a user, must display this website full-screen and not with a “frame” on the linked website. JAM reserves the right to revoke consent to the link at any time in its sole discretion, without notice.

No Endorsements

Reference to any product, recording, event, process, publication, service, or offering of any third party by artist name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by JAM. Any views expressed by third parties on this website (including recorded interviews) are solely the views of such third party and JAM assumes no responsibility for the accuracy or veracity of any statement made by such third party.

Product Access

This website may be accessed internationally and may contain references or cross references to JAM products, programs and services that are not available in your country. Such references do not imply that JAM intends to make available any particular product or service in your country or that such products or services may lawfully be used in or imported into your country. JAM reserves the right without prior notice to discontinue products and services, including models, parts and accessories, and other items or change specifications at any time without incurring any obligations to any party.

IP Infringement

If you believe that your copyright in any material has been infringed on this website, please provide our Copyright Agent with all the following information in the form prescribed by Section 512 of Title 17, United States Code:

(I) a description of the copyrighted work you claim has been infringed,

(II) a description of the material that you claim is infringing, identified with sufficient detail for us to locate it on the website,

(III) your address, telephone number and e-mail address,

(IV) a statement by you that you have a good faith belief that the disputed use is not authorized,

(V) a statement by you declaring under penalty of perjury that the above information is true and that you are the owner of the copyrighted interest or authorized to act on the copyright owner’s behalf, and

(VI) a physical or electronic signature of the person authorized to act on behalf of the copyright owner’s interest.

You understand and agree that: (I) JAM assumes no liability or responsibility for any third party content or material of any kind that is submitted to or posted on the website by you or by any other users or third parties and (II) JAM is a publisher of any such content, and is acting solely as an Internet Website Provider as such term is defined in the Digital Millennium Copyright Act.

Bulletin Boards, Chat Rooms, and Other Interactive Areas

JAM may provide bulletin boards, chat rooms and other interactive areas for its visitors to participate in. By accessing or using this website, you agree to abide by the following guidelines for use of any such bulletin boards, chat rooms and other interactive areas:

I. Any content you disclose on our site will be considered non-confidential and non-proprietary and will comply with data protection laws.

II. You must maintain a polite, pleasant environment. Comments that harass, abuse or threaten others are prohibited. You may not criticize other individual users, JAM or any of its affiliates.

III. You must ensure that all comments are appropriate to all people. Any content that is defamatory, pornographic, obscene, or otherwise objectionable is prohibited.

IV. You must keep your comments relevant to the stated topic.

V. You may not send any chain letters, junk mail, unauthorized e-mail, or commercial solicitations, or engage in, facilitate, or encourage any illegal activities.

VI. Any and all postings you may submit to this website must be your original work, based upon your diligent research and best efforts.

All users of this website must also follow any other guidelines or rules provided by JAM or posted on this website. Any failure to comply with any of these guidelines or rules, or any of the other provisions of this Agreement, will result in, among other possible action, the immediate termination of all access and privileges to post content to the website. Please report any violations of these guidelines to Erikson Consumer, at the co-ordinates provided below in the “Contact Us” section of this Agreement.

You and other users of any bulletin boards, chat rooms and other interactive areas are solely responsible for the content and consequences of any messages you communicate or post on this website. JAM will have no liability for any content and consequences of any such messages.

Although JAM is not obligated to monitor content or the accuracy of information, you acknowledge and agree that JAM, in its sole discretion, has the right to monitor, without notice, any such content or information posted on this website. JAM also reserves the right, in its sole and absolute discretion, to prohibit any conduct or remove any content, without notice, for any reason, and to revoke any user’s access, for any reason. JAM also reserves the right to review any submission you may send to the website and may decide, in its sole discretion, whether your submission is appropriate for the website.

JAM also has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

JAM will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

Warranty Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, JAM SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.

THE INTERNET IS INHERENTLY UNRELIABLE. AS A RESULT, JAM DOES NOT WARRANT THAT THE WEBSITE OR YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS ON THE WEBSITE WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JAM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

This website and all information and related materials it contains are provided “AS IS” and “WITH ALL FAULTS.” JAM makes no representation or warranty whatsoever regarding the completeness, accuracy, currency, or adequacy of, or the suitability, functionality, availability, or operation of this website or the information or materials it contains. By using this website, you assume the risk that the information and materials on this website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.

No advice or information from JAM in any manner will create any warranty as to this website or any product, service, or material available through this website. If for any reason you are not satisfied with this website or its content, your sole remedy is to cease using this website or such content, even if such remedy should fail of its essential purpose.

This website may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. JAM cannot predict or control when such downtime may occur and cannot control the duration of such downtime. As a result, JAM cannot have any liability for such failures.

Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by JAM on this website, but JAM is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors. Information and related materials are subject to change without notice.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL JAM HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OUR WEBSITE OR RELIANCE ON ANY INFORMATION PROVIDED TO YOU ON OUR WEBSITE. INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR OTHERWISE RELATED TO THIS WEBSITE.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS JAM, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, CONSULTANTS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, ALLEGATIONS, DAMAGES, LOSSES, LIABILITIES OR EXPENSES (INCLUDING, BUT NOT LIMITED TO ATTORNEYS’ FEES AND ANY OTHER LEGAL FEES) THAT SUCH PARTY MAY SUFFER OR INCUR AS A RESULT OF YOUR USE OR MISUSE OF THE WEBSITE, ANY USE OR MISUSE OF THE WEBSITE IN CONNECTION WITH YOUR USER INFORMATION OR LOGIN INFORMATION (IF APPLICABLE), YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF JAM OR ANY OTHER PERSON OR ENTITY, OR ANY VIOLATION OF THIS AGREEMENT.

Disputes and Interpretation

The laws of Canada shall govern use of the website without regard to any choice of laws or conflicts of law provisions. You agree that any action, suit, or proceedings arising from or related to this website shall be brought exclusively in the federal courts of Canada and/or the provincial courts of Quebec, and you consent to the exclusive jurisdiction of such courts.

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

This Agreement, along with our Privacy Policy (Privacy) is the sole agreement governing your use and access of this website and supersedes all other agreements regarding use of the website. Any waiver of any portion of this Agreement will be effective only if in writing and signed by JAM.

Viruses

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990.

We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Contact Us

If you have any questions about this Agreement, please contact us at:

JAM Industries
21000 Trans-Canadienne
Baie D’Urfé, Quebec, Canada H9X 4B7

Attention: Erikson Consumer, Marketing Group

Email: [email protected]

Terms Of Use