Terms of Use

Last Modified: December 1, 2019

Welcome to www.jumpingfoxdesign.com! Jumping Fox Design and its website are operated and owned by CorpMind, LLC. Please read these Terms of Use and our Privacy Policy available here (collectively the “Terms”) carefully, as you agree that you consent to these Terms by your use of this website and CorpMind’s services, as described further below. 


Acceptance of the Terms of Use  

These terms of use are entered into by and between you and CorpMind, LLC (“Company,” “we,” “our,” or “us”), and they govern your access to and use of the www.jumpingfoxdesign.com website and/or Company software (collectively the “Website”), including any content, functionality, and services offered on or through the Website. 

 Please read the Terms carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, do not access or use the Website or any CorpMind Services, but please get in touch with us so we can try to help.


Term

This agreement remains in full force and effect while you use the Website. All provisions of the Terms shall survive termination by either party, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. 


Eligibility

The Website is intended only for access and use by individuals at least eighteen (18) years old. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Website.


Changes to the Terms of Use 

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website or our Services following the posting of revised Terms means you accept and agree to the changes.


The Website

The Website allows individuals and businesses to explore and shop different types of merchandise that the Company can design, brand, and manufacture. Through the Website, businesses can view the types of merchandise that the Company offers, purchase products, contact the Company with questions, request quotes for the Company’s designing, branding, and manufacturing services, and sign up for the Company’s newsletter. 


Wholesale Orders

All wholesale order details will be discussed and finalized between users and the Company over email, phone, and/or fax. The Company will not collect or send this final information through the Website, and therefore the terms of any sales will be clearly labeled on the final purchase order that is agreed upon between you and the Company.  


Custom Product Specifications

The Company designs and manufactures custom products directly according to your specifications. Therefore, you are solely responsible for determining that the specifications you provide to the Company for an order comply with all health, safety, and other legal standards and requirements. By providing the Company with product specifications and placing an order, you warrant and agree that the product specifications comply with all legal requirements and accept all risk and liability for the product. 

If you require us to comply with any applicable federal or state safety and warning requirements in producing your order (including, but not limited to, those enforced by the U.S. Food and Drug Administration, the Consumer Product Safety Commission, or California Proposition 65), provide any certification, or apply any warning label to your products, you must specify the requirements in your project description prior to placing an order. We have the discretion to take on or turn down your project depending on our ability to comply for your specific product, or for any other reason. Such requests must be specified before you sign the final purchase order, as we may not be able to accommodate the request after the production starts or after products are delivered. WE DO NOT OFFER ANY LEGAL ADVICE OR OTHER GUIDANCE REGARDING LEGAL REQUIREMENTS RELATED TO YOUR ORDER OR DESIGNS, AND WE HIGHLY RECOMMEND THAT YOU CONSULT A LEGAL PROFESSIONAL PRIOR TO ORDERING ANY PRODUCTS. 

The Company provides products based on your design specifications and order requirements and, although the Company will endeavor to provide quality products for your purposes, you are ultimately responsible for the safety and suitability of any product that you design and order. Therefore, the Company is not responsible for any harm, damage, fines, or penalties caused by any product(s) that you design or order, or any acts or omissions by you related to safety or other regulatory requirements. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to any product or product specifications that you order from the Company. 


Content You Provide to the Company

Infringement

By providing any content to the Company or creating it using the Website, including, but not limited to, photos, logos, text, designs, or products (“Content”), you warrant and agree that the Content does not infringe on the intellectual property or other rights of a third party. The Company reserves the right to deny any order for any or no reason, in its sole discretion, which includes the Company’s belief that Content provided for the order infringes on another party’s rights. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your provision of Content to the Company that violates a third party’s rights, (ii) your use or sale of any Content or products that infringe on the rights of a third party, or (iii) your violation of this section in any other way. 

Ownership and License

By providing or creating Content to the Company for an order, including, but not limited to, your photos, logos, text, designs, or products, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, or permissions to publish or use the Content for your order. You retain all rights to the Content that you had prior to submitting it to the Company. Subject to the license provided in the following paragraph, no ownership rights to Content you provide to the Company for an order are transferred to the Company as a result of your provision of such Content for this reason, barring a separate agreement between you and Company expressly transferring such rights. 

By providing the Company with any Content for an order, you hereby grant the Company an irrevocable, licensable, royalty-free, worldwide, perpetual, non-exclusive right and license to use, reproduce, modify, publish, list, edit, translate, publicly display, and make derivative works of all such Content for samples, demonstrations, advertising, and/or marketing purposes. 

Information Sharing

The Company will share information and Content that you provide for an order with the parties that need the information to fulfill the order, including, but not limited to, the Company’s employees, contractors, and manufacturers. If you have concerns about the security of your information and Content, or any other provisions of these Terms of Use, please discuss with the Company prior to placing an order so we can find a solution. Barring a separate agreement requested by you, the Company is not responsible for the actions of any third parties that receive your information or Content, and by sharing your information and Content you freely accept the risk that your information will be shared with or by third parties. 


Fees

Fees for services or products provided through the Website, including all related taxes and charges, will be determined in the Company’s sole discretion upon receiving the details of your requested order. The Company reserves the right to modify its fee structure at any time and without advanced notice, though once you have finalized an order with the Company, you and the Company agree that the fees and payment terms agreed upon for the order are final and binding on both parties. 


Accessing the Website and Correct Information  

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to us through the Website is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.


Changes to the Website

We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.


Taxes

You are solely liable for all the taxes, fees, and commissions resulting from use of the Website. These Terms of Use do not create a joint venture, partnership, or principal-agent relationship between you and the Company, or any other users, and nothing in these Terms of Use may be used to imply such a relationship. 


Feedback

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements, or other feedback related to Website (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Website and (b) promote the Website, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Website or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.


Intellectual Property Rights to Website Content

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only, except to the extent that you are using the Website to order products or services for your business or other commercial venture, subject to the following restrictions: 

  • You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as it is created and owned by you. 

  • You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

  • No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.  


Company Trademarks  

The Jumping Fox Design name and logo, and all related names, logos, product and service names, designs, and slogans are the property of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners. 


Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using the Website, you may request removal of those materials from the Website by submitting written notification to our Copyright Agent at hello@jumpingfoxdesign.com. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your name.

  • The name and description of the work that is being infringed. 

  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law. 

  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

  • A statement that the information in the written notice is accurate.

  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of these requirements, your DMCA Notice may not be effective. Additionally, if you knowingly misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to terminate the accounts of users who are repeat infringers.


Prohibited Uses  

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity. 

  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm or offend the Company or users of the Website or expose them to liability.


Additionally, you agree not to: 

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Website.

  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

  • Take any action that may damage or falsify the Company or Website rating.

  • Otherwise attempt to interfere with the proper working of the Website.


Monitoring and Enforcement; Termination  

We have the right to: 

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.


Reliance on Information Posted  

We do not warrant the accuracy, completeness, or usefulness of any information on the Website. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.    


Links from the Website  

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.


Users Outside the U.S.

The Website is controlled and operated from the United States and is subject to its laws. If you choose to access the Website outside of the United States, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations. 


Disclaimer of Warranties  

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Limitation on Liability  

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICES IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 


Indemnification  

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.


Governing Law

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provisions or rules.

 
Arbitration  

At the Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.


Waiver and Severability  

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.


Entire Agreement 

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.


Your Comments and Concerns  
The Website is operated by CorpMind, LLC from Cupertino, California. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: hello@jumpingfoxdesign.com.