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Terms and Conditions

Last Updated: August 24th, 2018.

 These terms of use (“Terms of Use”) are a legally binding agreement between Afterglow Technologies Inc. ("Company" or “we “or “us”) and you (“user" or "you") governing the use and access of our e-commerce site https://www.jerkyjustice.com ("Site” or “Jerky Justice”). Please read these Terms of Use carefully before using the Services (as defined below).

BY ACCESSING THE SITE AND USING THE SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND OUR PRIVACY POLICY INCORPORATED HEREIN (COLLECTIVELY THE “TERMS”) AND AGREE TO BE BOUND BY AND TO FULLY COMPLY WITH THE TERMS. YOU FURTHER AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE SITE OR SERVICES AND YOU ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A BINDING AND ENFORCEABLE LEGAL ELECTRONIC CONTRACT BETWEEN YOU AND US WHICH FURTHER ENFORCES CLASS ACTION WAIVER AND BINDING MEDIATION PROVISION AS DETAILED BELOW IN THE DISPUTE RESOLUTION SECTION.

IF YOU DO NOT AGREE TO THE TERMS YOU MAY CEASE USING THE SERVICES OR THE SITE AND YOU MAY NOT ACCESS THE SITE OR ANY PART THEREOF, AND MAY NOT USE THE SERVICE IN ANY MANNER WHATSOEVER. YOU HEREBY REPRESENT AND WARRANT THAT: (I) ANY AND ALL INFORMATION PROVIDED BY YOU THROUGH THE SITE IS AND WILL BE ACCURATE AND COMPLETE; AND (II) YOU HAVE FULL POWER AND AUTHORITY TO ENTER AND COMPLY WITH THESE TERMS.

PRODUCT DESCRIPTIONS

Jerky Justice makes best commercial efforts to be accurate with its product descriptions. Jerky Justice does not guarantee that product descriptions is accurate, complete, reliable, current, or error-free. If a product offered by Jerky Justice itself is not as described, you can return the item in unused condition.

PRICING

Jerky Justice prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

REFUNDS

Jerky Justice does not offer refund on purchases. If there is an issue, please contact us at info@jerkyjustice.com.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content;; and submit suggestions, ideas, comments, questions, or other information, as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable, and does not contain software viruses, campaigning, commercial solicitation, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity.  Jerky Justice reserves the right to remove or edit such content, but does not regularly review posted content.

LICENSE

Subject to your acceptance of and full compliance with these Terms, including completion of applicable fees if needed, we hereby grant you a limited, personal, non-transferable, non-sublicensable, non-exclusive license to use the Services solely for your own personal, non-commercial use. The Service may not be used for any other purpose without Company’s prior written consent.

The Site and Service are protected by international copyright laws or any other intellectual property laws that are licensed to the Company, its licensors, vendors, partners or affiliates or other third parties. Such materials may contain software, design, text, images, information, logos, photographs, illustrations, audio and video material, sounds, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the services, including, without limitation the 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually or collectively, “Protected Content”). Except as permitted by us herein or by the third party who owns such Protected Content, and without derogating from the generality of the described under these Terms, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any of the Protected Content, including, but not limited to any derivative work based on the Protected Content.

INTELLECTUAL PROPERTY

All trademarks, service marks, product names, and trade names of the Company appearing on or through the Service or the Site are exclusively owned by the Company or its third-party partners. All other trademarks, service marks, product names, copyrights and logos appearing on or through the Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on or through the Service without the owner's prior written consent. The Company is the exclusive owner of the Service and the Site and any software component or technology incorporated therein. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. All content included on the Service is the property of the Company or its respective licensors or content suppliers and is protected by international copyright laws.

RESTRICTIONS OF USE AND USERS’ WARRANTIES

In addition to the restrictions set forth above, you shall not: (i) permit any third party to use the Service; (ii) circumvent, disable or otherwise interfere with security-related features of the Site or Service; (iii) modify, create a derivative work of, reverse engineer, disassemble the Site or Service; (iv) remove, deface, obscure, or alter the Site or Service, or any third party's copyright, trademarks, or other proprietary rights; (v) use the Site or Service for benchmarking purposes or to develop any software, application, product or service that is the same as, substantially similar to, or competitive with the Site or Service; (vi) use any robot, spider, other automated device or any toolbar, web-bar, other web-client, device, software, routine or manual process to monitor or scrape information from the Site or Service; (vii) create false personas, multiple identities, multiple user accounts, set up a User Account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms; (viii) attempt to obtain or reveal passwords or other private information from other users including Personal Identifiable Information that may be used to track, contact or impersonate another individual; or (ix) otherwise use the Site or Service in any unlawful manner or in breach of these Terms.

We reserve the right, at our sole discretion, to limit, deny or cancel some or all of the functionality of the Service at any time, without prior notice. We reserve the right to suspend, remove, restrict or disable your access to parts or all of the Site or Service at any time and without notice or liability, at our sole discretion. In no event, will the Company be liable for the suspension, removal, and restriction or disabling of your access to the Site or Service or to any feature available therein nor shall Company be liable or responsible for you use of the Services and Site.

THIRD-PARTY SERVICES AND CONTENT

From time to time, we may integrate on our Site or via promotional emails, with third-party services, advertisement or content including without limitation advertisement, videos, audios, messages or other materials provided by third party partners (“Third-Party Content”). Certain Third-Party Content may be valid for limited time, number of users or certain Auctions. We reserve the right to remove any Third-Party Content at any time without prior notice and for any reason that we deem necessary, at our sole discretion. The Third-Party Content is subject to the third-party partners’ Terms of Uses and privacy policies, which may be found on the relevant third party partners’ website. We have no control over such sites, content, advertisement and resources, in which you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse nor responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Notwithstanding the above, we will make best efforts to monitor and review the Third-Party Content to ensure you enhance our service.

DISCLAIMER OF WARRANTIES

THE SERVICE AND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COMPANY DOES NOT WARRANT THAT THE SERVICES OR SITE WILL OPERATE ERROR-FREE, THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT THE COMPANY WILL CORRECT ANY ERRORS IN THE SERVICE OR SITE. YOU AGREE THAT COMPANY WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. COMPANY DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT IS FEATURED BY THIRD PARTIES AND IS MADE AVAILABLE THROUGH THE SITE OR SERVICE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT COMPANY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR YOUR USE OF OR RELIANCE ON THE SITE OR SERVICE, ALL OF WHICH YOU DO AT YOUR SOLE RISK AFTER HAVING REVIEWED THE RELATED TERMS AND CONDITIONS GOVERNING YOUR USE OF THE SITE OR SERVICE. YOU ACKNOWLEDGE THAT THE COMPANY IS NOT ABLE TO CONTROL OR SUPERVISE YOUR INTERACTION OR TRANSACTIONS THROUGH THE SERVICE AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR SUCH INTERACTION OR TRANSACTIONS. EXCEPT AS EXPRESSLY STATED HEREIN AND IN OUR PRIVACY POLICY, THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE OR SERVICE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO TO THAT EXTENT CERTAIN EXCLUSIONS SET FORTH HEREIN MAY NOT APPLY.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS), AS WELL AS ITS VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, OR MALFUNCTION, OR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR SERVICE EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE THE USE OF THE SERVICE AND SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE COMPANY, AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICITION.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company and its affiliates, and respective officers, directors, employees and agents from any third party claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from (i) your use of the Site and Service in the event the use is not in compliance with these Terms; (ii) abusing or infringing third party rights through the Service; and (iii) your breach of these Terms or any applicable law and regulation.

TERMINATION

You can stop using the Service at anytime or delete your Account by contacting us at: support@Jerky Justice.com. We reserve the right, at any time, to: (i) discontinue, terminate, suspend or modify any aspect of the Service; or (ii) terminate these Terms and your use of the Service with or without cause, and we shall not be liable to you or any third party for any of the foregoing. The Company does not assume any responsibility with respect to, or in connection with, the termination of the Service or these Terms. Your Account will be terminated if you fail to comply with any of its requirements. Such termination may result in the destruction of all information and data associated with your use of the Site and Services.

SYSTEM OUTAGE

A system outage has occurred if no Bids can be submitted for items due to an unforeseeable disruption in a system (“System Outage”). If a System Outage has occurred, Company shall temporarily pause all Auctions until the issue is resolved. Company shall credit back User Account if a Bid was placed on an Auction that incurred a System Outage. Notwithstanding the above, Company reserves the right, at its sole discretion, to cancel an Auction which ended due to System Outage, system error, bot bidders, employee bidders, technical problems, or any other reason.

 Your access to and use of the Site and Service may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of System Outages, power failures or other interruptions.

You further acknowledge that we shall be entitled, without any liability to you, to suspend access to any portion or all of the Site or Services at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any of the Site or Services; or (b) in the event that we determine that any of the Services are prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons.

 DISPUTE RESOLUTION

For any dispute you have with us, you agree to first contact us support@JerkyJustice.com and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, we each agree by these enforceable Terms, to resolve any claim, and unless otherwise required by a mandatory law dispute or controversy arising out of or in connection with or relating to these Terms by binding mediation under the International Chamber of Commerce Mediation Rules. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. You must include your name and residence address, and a clear statement that you want to opt out of this arbitration agreement. This mediation agreement will survive the termination of these Terms. These Terms are governed by and construed in accordance with the laws of Canada. The competent courts of Montreal, Quebec, Canada, shall have exclusive jurisdiction for any dispute arising out of this Agreement.

PRIVACY

Our Privacy Policy describes how we access, use, store and share your information when you use the Site or Service, and is incorporated in these Terms by reference. By accessing the Site and using the Services, you agree and understand that we will use your information as set forth in our Privacy Policy.

AMENDMENTS

We reserve the right to periodically amend or revise these Terms at our sole discretion; such changes will be effective immediately upon the display of the revised Terms. The last revision date will be reflected in the "Last Updated" heading. Your continued use of the Site or Service constitutes your acknowledgement and consent of such amendments to these Terms and your agreement to be bound by the terms of such amendments. In the event of a material change we will make best efforts to provide you with notifications through the Site or by email, if applicable.

 MISCELLANEOUS

These Terms, constitutes the entire understanding between the parties with respect to the use of the Site or Service. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. These Terms of Use and any right granted herein may not be assigned by you without the prior written consent of the Company.

CONTACT US

Email: If you have any questions or concerns regarding these Terms, please contact us at: info@jerkyjustice.com