Last updated: 25 June 2026
Article 1 – DEFINITIONS
Capitalized terms used in these General Terms and Conditions of Sale, shall have the meaning ascribed thereto hereunder:
- Agreement: any agreement between Supplier and Customer for the sale and purchase of Products as concluded in accordance with article 2.1 of these General Terms.
- Customer: the party purchasing from Supplier.
- General Terms: these General Terms and Conditions of Sale.
- Order: Customer’s purchase order for Products.
- Product: a product, or combination of products, as specified in the Agreement.
- Supplier: SJJ USA LLC, a limited liability company registered in Texas under number 806210200.
Article 2 – APPLICABILITY
2.1 These General Terms apply to all current and future Orders and Agreements. An Agreement is concluded either by the signing of a separate supply contract between parties or by Supplier’s acceptance of an Order, which acceptance may be given in writing or by delivery of the Products. By placing an Order, Customer irrevocably accepts these General Terms. Supplier has no obligation to accept any Order.
2.2 Each Agreement, together with these General Terms, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior understandings. Customer acknowledges that it has not relied on any statement or representation not expressly set out therein. Any general terms and conditions of Customer are expressly excluded. Any amendment or deviation shall be valid only if agreed in writing. In the event of conflict, the relevant Agreement shall prevail over these General Terms.
Article 3 – QUOTATIONS, PRICES AND PAYMENT TERMS
3.1 Supplier’s quotes are valid for the period stated therein or, by default, for thirty (30) days from the date of issue, unless affected by force majeure.
3.2 Unless otherwise agreed in writing, all prices are stated in USD, exclusive of VAT (which shall be charged at the applicable rate), and based on DDP Customer specified location (Incoterms® 2020). Bank transfer charges shall be borne by Customer.
3.3 Unless otherwise specified in the Agreement, invoices are payable in full within thirty (30) days from the invoice date. Failure to pay when due shall place Customer in default without notice. In case of late payment, Supplier may charge default interest at the applicable statutory commercial interest rate, without prejudice to any other rights or remedies, including suspension of deliveries and claims for damages.
3.4 Any objection to an invoice shall not affect Customer’s obligation to pay the undisputed portion. Customer shall reimburse all costs incurred in recovering overdue amounts, including legal and collection costs. Any right of set-off or retention may be exercised only to the extent permitted by applicable law and, in the case of set-off, only in respect of claims that are undisputed or finally adjudicated.
Article 4 – DELIVERY, TITLE AND RISK OF LOSS
4.1 Supplier shall deliver the Products to the location and on the date specified in the Agreement, provided that delivery dates are indicative only and not guaranteed.
4.2 Supplier shall not be liable for any delay or failure in delivery to the extent caused by delays from Supplier’s suppliers or by Customer’s failure to provide necessary instructions or information or to accept delivery at the agreed time.
4.3 Delivery delays shall not entitle Customer to cancel or amend the Agreement or to claim damages. In the event of delay, Supplier shall inform Customer and provide a revised estimated delivery date as soon as reasonably practicable.
4.4 Supplier shall determine the packaging and method of dispatch at its discretion. Any special delivery requirements must be agreed in advance and may be charged to Customer. Product batch documentation shall be provided upon request.
4.5 To the extent permitted by law, title to the Products shall remain with Supplier until full payment of the purchase price and any associated costs. Risk of loss shall pass to Customer upon delivery in accordance with the applicable Incoterm. Until title has passed, Customer shall not use, transfer or encumber the Products. In the event of Customer’s breach, Supplier may reclaim the Products, without prejudice to its other rights or remedies.
Article 5 – INSPECTION AND RETURNS
5.1 Customer shall inspect the Products upon delivery for any visible defects or non-conformity. Any claim must be submitted in writing to complaints@sjjsolutions.com within forty-eight (48) hours of delivery, with sufficient detail to allow assessment by Supplier, and noted on the delivery documentation. In the absence of a timely and substantiated claim, the Products shall be deemed accepted and compliant in all respects.
5.2 No claim shall be accepted once the Products have been used or their packaging opened, unless the claim relates to a latent defect not discoverable upon reasonable inspection. Any such defect must be notified in writing to complaints@sjjsolutions.com within forty-eight (48) hours of discovery.
5.3 No Products may be returned without Supplier’s prior written consent, regardless of the reason. Unless otherwise agreed, Products shall be returned at Customer’s cost and risk. In the case of a valid claim for defect or non-conformity, Supplier shall bear the reasonable costs and risks of return. No returns shall be accepted more than fifteen (15) days after delivery, except in the case of latent defects notified in accordance with article 5.2.
5.4 Any samples or models provided are for illustrative purposes only and may not exactly correspond to the delivered Products, unless otherwise specified in the Agreement.
Article 6 – WARRANTY AND LIABILITY
6.1 Supplier warrants the merchantability and suitability of the Products for their purpose as stated in the applicable Instructions for Use (IFU) document. This warranty applies for the shelf life of the Product up to a maximum period of twelve (12) months from delivery, or such longer period as required by mandatory applicable law. Except as expressly set out above, Supplier disclaims all other warranties, whether express or implied.
6.2 During the warranty period, Supplier shall, at its option and cost, repair or replace any duly notified defective or non-conforming Products. No refunds or other compensation shall be provided.
6.3 The warranty does not apply to defects resulting from modification, improper handling, storage, or use of the Products by Customer.
6.4 Customer is responsible for selecting suitable Products, verifying that they meet its requirements, and using them in accordance with the IFU and all applicable laws and regulations.
6.5 Except for Supplier’s obligations under article 6.2 and to the extent permitted by applicable law, Supplier shall be liable only for direct damages resulting from gross negligence, up to the value of the last Order. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY LIABILITY WITH REGARD TO POTENTIAL THIRD PARTY CLAIMS FOR INTELLECTUAL PROPERTY INFRINGEMENT IS EXPRESSLY EXCLUDED. IN NO EVENT SHALL SUPPLIER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR OTHER SPECIAL OR INDIRECT OR PUNITIVE DAMAGES, NOR FOR ANY LOSS OF PROFITS OR REVENUE OF ANY KIND. Supplier shall further not be liable for any damage arising from Customer’s non-compliance or use of the Products contrary to their IFU.
6.6 Customer shall take all reasonable measures to mitigate any damage and its effects.
6.7 The limitations and exclusions of liability set out herein shall apply equally to Supplier’s affiliates, subsidiaries, representatives, agents, employees and subcontractors.
Article 7 – INDEMNIFICATION
Customer shall defend, indemnify and hold Supplier harmless from and against all claims, liabilities, damages, losses, costs and expenses arising out of or in connection with any actual or alleged negligence, fault or misconduct of Customer or its employees or representatives in connection with the use of the Products.
Article 8 – TERMINATION AND/OR SUSPENSION
8.1 Supplier may, by written notice, without liability to Customer and without limiting any other right or remedy available to Supplier, terminate any Agreement with immediate effect and/or suspend or cancel further deliveries if the Customer is in breach of any of its obligations under the Agreement or if Customer becomes insolvent, including if it (i) files for bankruptcy, (ii) makes an assignment for the benefit of creditors, (iii) seeks relief under any insolvency or reorganization law, (iv) has a receiver or trustee appointed over its assets, or (v) is subject to any similar proceeding.
8.2 Upon termination of the Agreement all outstanding invoices in respect of Products delivered to Customer become immediately due. Termination of an Agreement, shall not affect any of the parties’ rights and remedies that have accrued as at termination. Provisions of these General Terms or any Agreement which expressly or by implication survive termination, shall continue in full force and effect.
Article 9 – INTELLECTUAL PROPERTY AND KNOW-HOW
Customer acknowledges that all brand names, trade names, trademarks, patents, designs, copyrights, trade secrets and other intellectual property rights, whether registered or unregistered and in any jurisdiction, relating to or used in connection with the Products (the “Intellectual Property”), together with all related know-how, are and shall remain the exclusive property of Supplier and/or its affiliates. Customer shall not register, attempt to register, or otherwise misappropriate any Intellectual Property or know-how. Customer shall promptly notify Supplier of any actual or suspected infringement of the Intellectual Property. Supplier retains all intellectual property rights arising from its research and development activities, including where such results are used by Customer, in whole or in part. Any transfer of Intellectual Property or know-how shall require a prior written agreement between the parties.
Article 10 – CONFIDENTIALITY AND DATA PROTECTION
10.1 Supplier may disclose to Customer certain information relating to its business or Products (“Confidential Information”), including the existence and terms of the Agreement. Customer shall (i) keep all Confidential Information strictly confidential, (ii) use it for no purpose other than for the performance of its obligations under the Agreement and these General Terms, and (iii) not disclose it to any third party except to its employees and officers on a need-to-know basis for such purpose. Customer shall be responsible for any breach of this clause by its employees or officers. These obligations shall not apply to information that is publicly available through no fault of Customer or is required to be disclosed by law. Upon Supplier’s request, Customer shall promptly return or destroy all Confidential Information, unless retention is required by applicable law.
10.2 Each party shall comply with all applicable data protection laws in connection with any personal data, received, transferred or processed in the performance of the Agreement. If either party will process personal data on behalf of the other within the meaning of such laws, the parties shall enter into an appropriate data processing agreement. Each party shall comply with applicable data protection laws in its capacity as a controller or processor, as applicable. For the avoidance of doubt, any personal data shall be treated as Confidential Information in accordance with article 10.1.
Article 11 – FORCE MAJEURE
If Supplier’s performance under any Agreement or these General Terms is delayed or prevented, in whole or in part, (i) due to force majeure, including governmental orders, riots, war, terrorism, labor disputes, fires, natural disasters, pandemics, failures in transportation or production, shortages of raw materials, the imposition of tariffs, taxes or duties, or any other circumstances beyond its reasonable control or (ii) due to Supplier’s inability to obtain the Products or necessary materials, energy, labor, transport or equipment at reasonable cost or in sufficient quantities, Supplier may suspend performance or deliveries for the duration of such circumstances without liability. In such circumstances, Supplier may allocate available supply among its customers on a reasonable basis and adjust prices to reflect increased costs, without liability.
Article 12 – APPLICABLE LAW
12.1 The Agreement shall be governed by and construed in accordance with the laws of Texas, excluding its conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods.
12.2 The parties shall first seek to resolve any dispute amicably. Failing such resolution, any dispute arising out of or in connection with any Agreement shall be submitted to the exclusive jurisdiction of the competent courts of Austin, Texas.
Article 13 – GENERAL
13.1 If any provision of an Agreement or these General Terms is held to be invalid or unenforceable, it shall be ineffective only to the extent of such invalidity or unenforceability, without affecting the validity or enforceability of the remaining provisions. The parties shall in good faith replace such provision with a valid and enforceable provision that most closely reflects the original intent.
13.2 Supplier may assign, transfer or subcontract any of its rights or obligations under any Agreement without restriction. Customer shall not assign, transfer subcontract or otherwise dispose of any of its rights or obligations without Supplier’s prior written consent. Any Agreement and these General Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. Customer shall have no authority to bind or represent Supplier or to incur any obligation on its behalf.
13.3 No failure or delay by Supplier in exercising any right, power or remedy, nor any waiver of any breach, shall operate as a waiver of any subsequent breach or of Supplier’s right to require strict performance of an Agreement or these General Terms.
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Last updated Nov 29, 2022
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and SJJ Solutions (“Company”, “we”, “us”, or “our”), concerning your access to and use of the https://us.sjjsolutions.com/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
PRODUCTS
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Site to advertise or offer to sell goods and services.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Delete the copyright or other proprietary rights notice from any Content.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Marketplace Offerings.
CONTRIBUTION LICENSE
You and Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity , or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with online accounts you have with thirdparty service providers (each such account, a “Third-Party Account”) by either: (1) providing your ThirdParty Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to
and receive from your Third-Party Account additional information to the extent you are notified when you
link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and
subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable
information that you post to your Third-Party Accounts may be available on and through your account on
the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our
access to such Third-Party Account is terminated by the third-party service provider, then Social Network
Content may no longer be available on and through the Site. You will have the ability to disable the
connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE
THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-PartyContent does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://us.sjjsolutions.com/privacy-policy/. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site and the Marketplace Offerings are hosted in the Netherlands. If you access the Site or the Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the Netherlands, then through your continued use of the Site, you are transferring your data to the Netherlands, and you expressly consent to have your data transferred to and processed in the Netherlands.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings. We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These conditions are governed by and interpreted following the laws of the Netherlands, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. SJJ Solutions and yourself both agree to submit to the non-exclusive jurisdiction of the courts of __, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in the Netherlands, or in the EU country in which you reside.
DISPUTE RESOLUTION
The European Commission provides an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr. If you would like to bring this subject to our attention, please contact us.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these T erms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
SJJ Solutions
Prinses Catharina-Amaliastraat 5
Den Haag, Zuid Holland 2496 XD
Netherlands
info@us.sjjsolutions.com