JSL TERMS
RELEASE OF LIABILITY WAIVER
I, JOCKEY/RIDER (Hereinafter the “Releasor”) have agreed to this General Release of Liability ("Agreement") for no payment or consideration.
Under the terms of this Agreement and sufficiency of which is hereby acknowledged, do hereby release and forever discharge "JSL" of (Hereinafter the “Releasee”) including their agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, none of whom admit any liability to the undersigned, but all expressly denying liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, which I now have or may hereafter have, arising out of or in any way relating to any and all injuries and damages of any and every kind, to both person and property, and also any and all injuries and damages that may develop in the future, as a result of or in any way relating to the following:
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This General Release of Liability and Assumption of Risk ("Release") is entered into as of PURCHASE DATE, by and between "JSL", hereinafter referred to as the "Company," and JOCKEY/RIDER (as written on order form), hereinafter referred to as the "Participant."
- Assumption of Risk:
a. The Participant acknowledges and understands that the use of stirrups in the equestrian industry involves inherent risks, including, but not limited to, falls, collisions, and injuries associated with horseback riding activities. The Participant voluntarily assumes all such risks and agrees that JSL shall not be held liable for any injuries or damages arising from these inherent risks.
- Release and Waiver:
a. In consideration for being permitted to purchase and/or use the stirrups provided by JSL, the Participant hereby releases, waives, and discharges the Company, its officers, employees, agents, and representatives from any and all claims, liabilities, demands, actions, or causes of action, whether at law or in equity, arising out of or in connection with the use of stirrups.
- Company/Manufacturing Release:
a. The Participant expressly agrees to release the Company from any claims arising from manufacturing and/or production negligence during the manufacturing process, to the fullest extent permitted by law. Participant understands that JSL has produced stirrups to the best of their ability, doing their best due diligence on tensile testing their products and producing stirrups intended to meet tensile standards of 400kg in strength or stronger. Please visit JSL's product pages to see tensile reports & tensile numbers.
- Full and Final Settlement:
a. This Release constitutes a full and final settlement and release of all claims, known or unknown, arising out of the use of JSL stirrups for riding.
- Covenant Not to Sue:
a. The Participant covenants not to sue the Company for any claims, liabilities, demands, actions, or causes of action released herein.
- Representations:
a. The Participant represents that they are physically fit and capable of participating in equestrian activities involving the use of stirrups.
- Governing Law:
a. This Release shall be governed by and construed in accordance with the laws of Virginia. Any disputes arising out of or in connection with this Release shall be subject to the exclusive jurisdiction of the courts of Virginia.
- Acknowledgment:
a. The Participant acknowledges that they have read this Release, understand its terms, and voluntarily agree to its contents.
IN WITNESS WHEREOF, the Participant has executed this General Release of Liability and Assumption of Risk as of the date first above written.
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INTELLECTUAL PROPERTY CLAUSE
1. Ownership of Intellectual Property:
a. All intellectual property rights, including but not limited to patents, trademarks, copyrights, and trade secrets, arising from or related to the JSL Stirrups ("Product") shall be and remain the sole property of JSL ("Company").
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2. Employee and Contractor Contributions to Stirrups:
a. Any employee or contractor involved in the development, design, or improvement of Stirrups agrees that all intellectual property created in connection with such work is the exclusive property of the Company.
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3. Protection of Stirrups Intellectual Property:
a. The Company shall take reasonable measures to protect the intellectual property associated with JSL Stirrups, including but not limited to filing patent applications, registering trademarks, and implementing confidentiality measures.
b. Employees, contractors, sponsored/test riders and any third parties involved with or participating with JSL shall not disclose, use, or reproduce Stirrups intellectual property without the Company's explicit written consent.
4. License and Use of Stirrups:
a. The Company grants a non-exclusive license to [Partners/Clients/Riders/Authorized Users] to use Stirrups in accordance with the terms and conditions set forth in any applicable agreements.
b. Any use of JSL Stirrups Intellectual Property beyond the scope of the license is strictly prohibited.
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5. Enforcement of Stirrups Rights:
a. The Company reserves the right to enforce its intellectual property rights associated with JSL Stirrups and take legal action against any infringement or unauthorized use.
6. Confidentiality of Stirrups Information:
a. All information related to JSL Stirrups intellectual property, including but not limited to; Photos, videos, physical equipment, development processes, patent information, trademarks or custom designs, formulas, and technical specifications, shall be treated as confidential and not disclosed to any or replicated by any third parties without the Company's Express Written Consent.
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7. Duration of Stirrups Intellectual Property Clause:
a. This JSL Stirrups intellectual property clause shall remain in effect for perpetuity.
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8. Governing Law for Stirrups Intellectual Property:
a. The JSL Stirrups intellectual property clause shall be governed by and construed in accordance with the laws of VIRGINIA, and any disputes arising out of or in connection with this clause shall be subject to the exclusive jurisdiction of the courts of VIRGINIA.
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NON-DISCLOSURE AGREEMENT (NDA)
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I. The Parties. This Mutual Non-Disclosure Agreement, hereinafter referred to as the “Agreement,” effective as of date listed below, hereinafter referred to as the “Effective Date,” is by and between:
Party A described as a business entity known as "JSL" ("Party A")
AND
Party B described as a individual known as ("Party B" As Named on Purchase Order/Invoice )
II. Confidential Information. The term "Confidential Information" includes, but is not limited to, all proprietary information owned by the Parties and not generally known to the public or in the relevant trade or industry that is communicated orally, written, printed, electronically or any other form or medium, or which was learned, discovered, developed, conceived, originated, or prepared by the Parties in the scope and course of their relationship, relating directly or indirectly to business processes, technical data, trade secrets, know-how, advice, consultations, proprietary information, client lists, client instructions, assets, business operations, specifications, designs, plans, drawings, hardware, software, data, prototypes or other business and technical information belonging to any client of the Parties, operational methods, economic and business analyses, models, strategies, and projections, promotion methods, trade show information and contacts, and other proprietary information relating to the business of the Parties and any and all other concepts, as such Confidential Information pertains personally to principals or other information that has independent economic value.
III. Non-Disclosure. The Parties agree that they shall have the obligation to:
(a) hold the Confidential Information in the strictest of confidence;
(b) not use the Confidential Information for any personal gain or detrimentally to the other Party;
(c) take all steps necessary to protect the Confidential Information from disclosure and to implement internal procedures to guard against such disclosure;
(d) not disclose the fact that the Confidential Information has been made available or that discussions and negotiations are taking place or have taken place or any of its terms, conditions or other facts with respect to the transaction; and
(e) not disclose or make available all or any part of the Confidential Information to any person, firm, corporation, association, or any other entity for any reason or purpose whatsoever, directly or indirectly, unless and until such Confidential Information becomes publicly available other than as a consequence of a breach by any of the Parties and their confidentiality obligations hereunder.
This Section shall survive and continue after any expiration or termination of this Agreement and shall bind the Parties, its employees, agents, representatives, successors, heirs and assigns.
IV. Exceptions to Confidential Information. The Parties shall not be restricted from disclosing or using Confidential Information that:
(a) was freely available in the public domain at the time it was communicated between the Parties;
(b) subsequently came to the public domain through no fault of the Parties;
(c) is in either Party A's or Party B's possession free of any obligation of confidence at the time it was communicated;
(d) is independently developed by either Party A or Party B or its representatives without reference to any information communicated to or by the Parties;
(e) is provided by either Party A or Party B in response to a valid order by a court or other governmental body, as otherwise required by law; or
(f) is approved for release by written authorization of an officer or representative of Party A or Party B;
V. Use or Disclosure of Confidential Information. The Parties shall only use the Confidential Information as directed and not for its own purposes or the purposes of any other party. Party A and Party B shall disclose the Confidential Information received under this Agreement to persons within their organization only if such persons are on a "need to know" basis. The Parties shall advise each person to whom disclosure is permitted that such information is confidential and proprietary property and may not be disclosed to others or used for their own purpose. This Section shall survive and continue after any expiration or termination of this Agreement and shall bind the Parties, including but not limited to, their employees, agents, representatives, successors, heirs and assigns.
VI. Notice of Disclosure. In the event that any of the Parties receive a request or is required (by deposition, interrogatory, request for documents, subpoena, civil investigative demand or similar process) to disclose all or any part of the Confidential Information, the Parties agree, if legally permissible, to (a) promptly notify the other Party of the existence, terms and circumstances surrounding such request or requirement, (b) consult with the other Party on the advisability of taking legally available steps to resist or narrow such request or requirement and (c) assist the other Party in seeking a protective order or other appropriate remedy; provided, however, that the disclosing Party shall not be required to take any action in violation of applicable laws.
In the event that such protective order or other remedy is not obtained or that one of the Parties waives compliance with the provisions hereof, the disclosing Party shall not be liable for such disclosure unless disclosure to any such tribunal was caused by or resulted from a previous disclosure by the disclosing party not permitted by this Agreement.
VII. Term. This Agreement, with respect to Confidential Information, will remain in effect for perpetuity.
VIII. Return of Confidential Information. Upon request from any of the Parties or upon the termination of negotiations and evaluations, both Parties will promptly deliver to each other all originals and copies of all documents, records, software programs, media and other materials containing any Confidential Information. Both Parties shall also return to each other all equipment, files, and other personal property belonging to one another. Party A and Party B shall not be permitted to make, retain, or distribute copies of any Confidential Information and shall not create any other documents, records, or materials in any form whatsoever that includes the Confidential Information.
IX. Indemnification. The Parties agree to defend and indemnify each other at all times in respect of any and all claims, demands, losses, damages, liabilities, costs and/or expenses of any kind whatsoever incurred by an entity not mentioned in this Agreement except to the extent caused by the negligence or an unauthorized disclosure of Confidential Information by one of the Parties or their respective employees, agents, representatives, successors, heirs or assigns.
XI. Covenants. The parties hereto agree that the covenants, agreements and restrictions (hereinafter "this covenant") contained herein are necessary to protect the business goodwill, business interests and proprietary rights of the Parties hereto and have independently discussed, reviewed and had the opportunity of legal counsel to consider this Agreement.
XII. Enforcement. The Parties acknowledge and agree that due to the unique and sensitive nature of the Confidential Information, any breach of this Agreement would cause irreparable harm for which damages and or equitable relief may be sought. The violated Party shall be entitled to all remedies available at law.
XIII. Authority. This Agreement sets forth the entire Agreement and understanding between the Parties and supersedes all prior oral or written agreements and understandings relating to the subject matter of this Agreement. This Agreement may not be modified or discharged, in whole or part, except by consent in writing signed by the Parties.
XIV. Assignment. This Agreement may not be assigned or otherwise transferred by either party without the prior written consent of the non-transferring party.
XV. Binding Arrangement. This Agreement will be binding upon and inure to the benefit of the parties hereto and each Party’s respective successors and assigns.
XVI. Severability. In the event that any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable because it is invalid or in conflict with any law of any relevant jurisdiction, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties hereto shall be construed and enforced as if the Agreement did not contain the particular provision(s) held to be unenforceable.
XVII. Governing Law. This Agreement shall be governed by and construed in accordance with the laws in the State of Florida.
XVIII. Authority. Each party hereto represents and warrants that it has the full power and authority to enter into and perform this Agreement, and each party knows of no law, rule, regulations, order, agreement, promise, undertaking or other fact or circumstance which would prevent its full execution and performance of this Agreement.
XIX. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same agreement.
XX. Execution. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the undersigned date.
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TERMS OF USE AGREEMENT
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Your use of the Website/App confirms your acceptance of these Terms and Conditions and your agreement to be bound by them. If you do not accept these Terms and Conditions, do not use this Website/App. In the event of a violation of these Terms and Conditions, JSL, reserves the right to seek all remedies available by law and in equity. We may terminate your access or use of this Website/App at any time, for any reason or no reason and without prior notice to you. We may at any time and from time to time revise these Terms and Conditions by updating this posting. You should visit this page from time to time to review these Terms and Conditions to learn of and understand any changes, because they are binding on you. Your use of this Website/App following any such revisions constitutes your agreement to follow and be bound by the terms as revised.
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The design of this Website/App and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, designs, video, audio, and written and other materials that appear as part of this Website/App (collectively, "Content") are protected by U.S. copyright laws and other U.S. and international laws and treaties. All Content is provided by JSL, under a limited license as a service to its current and prospective customers and may be used only for personal (that is, for the purchase of our merchandise) use. This limited license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, allow others to copy, or otherwise exploit this Website/App, any of the Content, or any related software; and (b) you may not access or use the Website/App for any competitive or commercial purpose. Any unauthorized copying, alteration, distribution, transmission, performance, display, sale, or other use of the Content is prohibited. JSL, may revoke this limited license at any time for any or no reason. Any unauthorized use of JSL, Content, such as framing, in-line linking or other association with content or information not originating from the JSL, Website/App is not permitted. Linking to any JSL, web page also is prohibited. JSL, will aggressively enforce its intellectual property rights to the fullest extent of the law.