Welcome to Jenkinson’s South Inc. (“Jenkinson’s”) website and services (the “Services”).
Your use of the Services constitutes your agreement to the Terms. If you do not agree to and understand the Terms, do not use the Services.
Jenkinson’s may revise the Terms from time to time as deemed necessary or desirable by Jenkinson’s in its discretion. The revised Terms will be highlighted here and applies to all use of the Services following such revision. One of Your obligations under these Terms is to visit this page periodically to review the current Terms that will then govern your use of the Services. If You do not agree to any revised Terms, do not use the Services from that point forward. You will still be bound by the prior Terms with respect to Your prior use of the Services.
For easier reading, the Terms define certain commonly used words or phrases. Any individual or entity accessing or using the Services is referred to herein as a “User,” “You” or “Your.”
Jenkinson’s provides access to the Services in its sole discretion and solely for your personal use consistent with the Terms. No right or license to use the Services other than as expressly set forth in the Terms is granted. All rights are held by Jenkinson’s.
We reserve the right, in our sole and absolute discretion, to block and/or refuse to allow use of the Services by one or more users, including you, at any time and for any reason. You agree that Jenkinson’s shall not be liable to You for the effect of any modification of the Services, or for any consequence of your access to the Services being terminated, except to the extent expressly prohibited by law.
3. Modifications to the Services
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services or any part or function thereof with or without notice, including modifications of the price charged for use of existing or future portions of the Services (including requiring a fee for use where none previously existed). You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
Occasionally there may be information on our Services that contains typographical errors, inaccuracies or omissions. We have no obligation to correct any such errors, inaccuracies or omissions, and it is in our sole and exclusive discretion whether to review and/or to change or update information on the Services at any time without prior notice.
You acknowledge and agree that the Services are owned by Jenkinson’s and that the Services in its entirety and portions thereof are protected by intellectual property and other laws.
You acknowledge and agree that you do not acquire any license or ownership rights in, including any intellectual property rights, through your use of the Services. All input, suggestions, or requests for modification of existing or later implemented aspects of the Services shall be owned by Jenkinson’s.
Except as expressly authorized by us, pursuant to these Terms or other written agreement, you agree not to copy or create derivative works based on the Services.
6. Respecting Intellectual Property and Other Rights
You acknowledge that the Services may also contains content that is proprietary to third parties or information subject to disclosure restrictions. You agree that you shall not use any information or content obtained from the Services for any purpose other than using the Services in accordance with the Terms.
You are prohibited from using the Services in a manner that interferes with or would reasonably be expected to negatively affect other users’ ability to interact with the Services. Without limitation as to other restrictions, users shall not use or attempt to use the Services for the purpose of:
- Harassment, threatening or engaging in abusive conduct;
- Communicating in any manner that is libelous or defamatory or invades the privacy of any person;
- Communicating expressions of hatred, bigotry, racism or pornography;
- Violating any law, committing any deception, or breaching any contractual or fiduciary obligations; and/or
- Transmitting advertisements without prior written authorization from Jenkinson’s.
You acknowledge that the information and content on the Services is made available solely based on the existence of and adherence to these Terms by users. You, a user, agree that you will not:
- use or attempt to use the Services to transmit any harmful or unwanted computer code or software, including but not limited to viruses, malware, spyware or ransomware;
- interfere with, disrupt or attempt to disrupt the operation of the Services, or any servers or networks connected to the Services;
- override, circumvent, or interfere with, any security or Services access controls, or attempt any of the foregoing;
- use any automated method to access or use the Services without prior written authorization from Jenkinson’s;
- process, computer code or software, to “scrape” the information and content on the Services without prior written authorization from Jenkinson’s; and
- reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for the Services.
The Services may provide notices to you including, without limitation, notices of changes to these Terms or other matters by displaying such notices on the home page of the Services and on this page. You agree that it is your responsibility to review all such notices to be aware of updates and changes.
8. Digital Millennium Copyright Act
We are under no obligation to, and do not, scan content used in connection with the Services, nor do we monitor the conduct of members, for the use or inclusion of illegal or impermissible content. However, we respect the copyright and intellectual property interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Services.
If you believe that your work has been copied in a way that constitutes copyright infringement, you should provide us with written notice that contains the following information required by the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an e-mail address at which the complaining party may be contacted;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to:
Jenkinson’s South Inc.
Attn: Legal Compliance
These Terms and the relationship between you and us shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Bergen, in the State of New Jersey. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
The Services may provide links to third party websites and resources, and may provide access or expose you to content at such websites or part of such resources including but not limited to interactive platform content, social media, and user generated information (“Third Party Resources”). Because we have no control over third party resources, you acknowledge and agree that we are not responsible for the availability of such Third Party Resources, and do not endorse and are not responsible or liable for any content, advertising, goods, services or other materials on, available through or provided by such Third Party Resources.
We may enable social media connectivity in connection with the Services from time to time. This connectivity may link to our own social media accounts or affiliate platforms and third-party platforms. The specific content relating to our own social media accounts and affiliate platforms is subject to these Terms. However, those third-party platforms, social media website or applications are also Third Party Resources. If you choose to use Third Party Resources you acknowledge and agree to abide by the relevant terms and conditions of each respective platform.
You acknowledge that where you choose to publish or share information through Third Party Resources we have no control over that activity. It will not be protected by us. You should assume that your activity may be accessed by any person using the Internet in any part of the world and can be found using independent search engines. If you choose to engage in social media connectivity, you do so at your own risk.
Without limiting the foregoing, you understand and agree that neither we nor our partners shall be responsible or liable for any loss or damage of any sort incurred by you or others as the result of any interaction you may have with Third Party Resources.
11. Disclosures, Warnings and Disclaimer of Warranties
Jenkinson’s maintains these Terms to protect Jenkinson’s operations and rights, and because Jenkinson’s desires to foster the integrity of the Services by obtaining user agreement to the Terms. However, you understand that Jenkinson’s cannot control users of the Services and therefore cannot guarantee that users of the Services will adhere to Jenkinson’s Terms.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION OR CONTENT INCLUDED ON THE SERVICES.
WE MAKE NO WARRANTY THAT THE SERVICES OR ANY INFORMATION OBTAINED THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, WILL BE ACCURATE OR RELIABLE, OR MEET YOUR EXPECTATIONS.
ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES THEREOF.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICES.
You agree that you shall indemnify Jenkinson’s for any claims or damages suffered by Jenkinson’s as a result of your activities in connection with the Services and other users. You agree to hold Jenkinson’s, and its subsidiaries, affiliates, officers, directors, and employees, and each of their respective successors and assigns (collectively, the “Indemnified Persons”), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys’ fees and expenses, relating to any claim arising out of or related to your use of the Services or use of any information or content on the Services.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THESE TERMS MAY NOT APPLY TO YOU.
15. Submission of Information to Jenkinson’s
You represent and warrant that:
- Your use of the Services is in your personal, individual capacity, or on behalf of an entity which has authorized you to use the Services on the entity’s behalf;
- If You register, subscribe or otherwise identify Yourself to Jenkinson’s or another User, You shall identify Yourself accurately and shall not create a fake identity;
- You are over sixteen (16) years of age and have full authority and permission from any parent or guardian to use the Services and agree to the Terms where such permission is necessary;
- If you provide any information or content to the Services, you are fully authorized to do so, and all such information is true and correct; and
- You are the owner or authorized user of all information and content submitted to the Services including all right and authority to grant the license granted to Jenkinson’s herein.
By submitting information or content to the Services, including ideas or suggestions, You thereby grant to Jenkinson’s an irrevocable, perpetual, royalty-free worldwide license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, for commercial or other purposes, including exploitation thereof without compensation to You. You also grant to Jenkinson’s the right to sublicense the foregoing for the purpose of facilitating Jenkinson’s exercise of the foregoing rights.
Jenkinson’s may enable or require Users to create accounts for access to all or a portion of the Services. Account creation requires certain personal information and the creation of login and password information (“User Credentials”). Users shall not provide their User Credentials to any other person or entity. You assume full responsibility for use of your User Credentials including keeping such information confidential. You must immediately notify us if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your account. You are liable for any and all activities conducted through your account.
All information provided to Jenkinson’s or using the Jenkinson’s Services including but not limited to information provided to create accounts or to mentors must be accurate, current and complete.
You may not create accounts for another person or entity.
If you are a resident of California, please review our California Privacy Disclosures for additional disclosures required by California law.
RESPONSIBILITY FOR INFORMATION SUBMITTED BY YOU
Collection of Non-Personal Information
We may collect non-personally identifiable information regarding your visit to the Services. We may utilize third party software to collect this information and reserve the right to change our data collection methods, providers and/or software, at any time in our sole discretion. If you do not want such non-personally identifiable information collected, it may be possible for you to adjust settings on the electronic equipment you use to access the Services (e.g., a stationary or mobile computer, phone or tablet) (your “Device”). However, we cannot guarantee that such settings may be changed or will be effective and you assume all risks associated with your access to the Services.
Collection of Personal Information
We may also collect Personal Information about you or others. By “Personal Information”, we mean information that can be used to identify a specific individual, which could be you or others (i.e., the recipient of any purchase from the Services).
Personal Information may include information about your web browser, IP address, time zone, device identifiers, IP addresses, or “cookies” (“Cookie Data”). This type of information, if collected, is collected through our “Tracking Technologies” described below. Other Personal Information is what you provide to us when registering for a service or purchasing a product for yourself or another recipient.
By using the Services and providing any information to us, you are acknowledging that the Services may not be secure and that data transmissions via email, uploads through a network or on Services forms are inherently insecure. We will not intentionally disclose Personal Information, but we cannot control and will not be liable for interference by third-parties. You agree not to provide any information through the Services or email that you or others would not want shared with others.
Without limitation, you acknowledge that communications in furtherance of the Services, such as payment for purchases, may be conducted via third party communication platforms, over which we have no control. You assume all responsibility for the information you provide through and for the consequences of use of such communication platforms.
How We Use Personal Information.
We will use Personal Information to enable us to provide the Services indicated when you provided the information.
We may also use Personal Information to identify you when you use our Services, to improve the operation and usefulness of our Services, and to comply with applicable laws and law enforcement.
The Services require use of Third Party Resources and your personal information will be shared with such third parties to the extent necessary to enable you to receive the Services, and as needed for the operation of Services. Such Third Party Resources may have their own terms and conditions and privacy policies which you agree to review and by using Services confirm your agreement to such terms. We may utilize alternate or additional third-parties to enable Services to operate, from time to time, in our sole discretion. By using Services, you consent to such sharing to the extent of the uses here indicated or otherwise permitted by law.
We may disclose Personal Information: (1) if we determine a violation of the Terms has occurred; (2) if we believe such disclosure is necessary to identify or bring legal action regarding or prevent injury or interference with our rights or the rights of another user of the Services; (3) to respond to legal process or as otherwise required by law; and (4) to assist us in fraud protection or investigation.
You understand that information received from you may be used by us for any or all of the reasons described herein.
You have the opportunity to cease use of Services and have your information deleted, except as otherwise permitted or required by law. To do so, use the opt-out information provided on our Services or in our emails, or contact us using the contact information provided below.
Your personal information will not be sold to any person or entity.
Except as otherwise required by law, any information submitted by you on the Services or in connection with your use of the Services, is not considered and will not be treated as confidential.
How We Protect Personal Information
Personal information collected via the Services may be stored and processed in the United States and/or any other country in which we or an entity responsible for managing our data or the Services maintains facilities. By using the Services, you consent to any such storage, processing and transfer of information, about you, into and out of your country, state, and/or territory.
Generally accepted technical standards are used to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Cyberattacks of U.S. companies by criminals has increased over recent years and created a significant risk in any company’s day-to-day operations. As a result of these circumstances, we cannot guarantee the absolute security of any data, including our own, and thus cannot be liable for security breaches.
By using the Services and providing any information to us, you are acknowledging that not all portions of the Services are secure and that data transmissions via email, uploaded through a network or on the Services are inherently insecure. You acknowledge and agree that use of the Services is at your own risk.
We will not intentionally share your Personal Information other than as we have disclosed, but we cannot control and will not be liable for interference by third-parties.
Given the inherent risks, You agree not to provide any information through the Services, including any communication with us, that you would not want shared with others, or information that would cause you damage or irreparable harm.
WE WILL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY DATA BREACH OR UNAUTHORIZED ACCESS TO USER INFORMATION COLLECTED OR SUBMITTED THROUGH THE SITE AND SERVICES.
We may use technologies to analyze trends, administer the Services, track users' movements around the Services, and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis.
When you access and use the Services, tracking technologies may automatically collect and record certain data about your use of and interaction with the Services. The data collected may be considered personal information in some jurisdictions, and may include data such as your IP address, browser type, the make and model of device used to access the Services, unique device identifiers, the referring webpage, pages visited, and search terms.
We may use various tracking technologies such as cookies and pixel tags to collect data about your use of and access to the Services. Cookies are small data files stored on your hard drive or in device memory by websites you visit, applications you use, or advertisements you view and help us improve the Services and your experience using such Services.
Your device may enable you to choose to turn off cookies via your browser settings. If you elect to turn off cookies, some of the Services may not function properly. Please note that you can place orders for our Services via telephone at 732-892-0600
We generally retain your information for as long as necessary to enable the uses described herein or as otherwise allowed by law.
You may request a copy or deletion of the information we hold about you via request through the contact information below and such information shall be provided, subject to confirming your credentials and authority, and unless doing so is otherwise prohibited or exempted by law. You may also contact us to have any inaccuracies in your information corrected, or limit further use of your information, subject to the same exceptions.
Users have the opportunity at any time to remove themselves from our communications. Users also can request their Personal Information be deleted by responding to the opt-out information provided on our Services, or in our emails, or by contacting us using the contact information provided below.
Notwithstanding the foregoing, you acknowledge and agree that withdrawal of consent and deletion of your data is subject to exceptions where we determine, in our sole discretion, that retention of the data is necessary, including but not limited to the following examples:
- Withdrawal of consent shall not apply where retention of your Personal Information is necessary for us to fulfill certain uses disclosed here such as legal requirements, investigations and/or where data has been disclosed to third parties in accordance with the Terms and this Policy.
- After disclosure of Personal Information to third parties pursuant to the Terms and this Policy, withdrawal of consent and deletion of your Personal Information may not be possible and/or may be subject to the limitations of such third parties’ own privacy policies or other requirements similar in scope to those disclosed here.
- Withdrawal of consent and/or deletion of your Personal Information may not be possible where otherwise required by legal authorities.
We do not knowingly collect or solicit personal information from any users that are not competent to agree to the Terms or for anyone under the age of 16. Any users over the age of 16 and who require a parent or guardian to consent to use of Services or agree to the Terms are only permitted to use the Services if they are doing so through permission of such parent or guardian.
Additional Policy Provisions for California Residents
This section (“CCPA Section”) supplements the information contained in the Policy and applies solely to users of the Services who are residents of the State of California. We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this CCPA Section.
Personal Information for purposes of the CCPA Section is information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“CCPA Personal Information”).
CCPA Personal information does not include (a) Publicly available information from government records; (b) Deidentified or aggregated consumer information; or (c) information which is not within the scope of CCPA.
Categories of CCPA Personal Information we have collected within the last twelve (12) months:
|A. Identifiers||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers||Yes|
|B. Personal information as listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))||A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information
|C. Protected classification characteristics under federal or California law||Age, race, color, ancestry, national origin, citizenship, religion, marital status, medical or health conditions, disabilities, gender, sexual orientation, military status, or genetic information
|D. Commercial information||Records of purchasing
|E. Biometric information||Fingerprints or facial recognition
|F. Internet activity
|Browsing or search history||Yes|
|G. Geolocation data
|Physical location or movement||No|
|H. Sensory data||Audio or visual information.
|I. Employment related information
|Employment status or history||No|
|J. Non-public education information under the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))
|Education records directly related to a student maintained by an educational institution||No|
|K. Inferences from other personal information
|Profile reflecting a person's preferences||Yes|
We obtain such CCPA Personal Information from you directly or from third parties you have authorized or are necessary to provide the Services you have requested, and/or indirectly through Tracking Technologies.
We may use or disclose CCPA Personal Information for the reasons described in the Policy. We will not collect or use CCPA Personal Information other than as disclosed pursuant to the Policy including this Section without notice to you.
Where we have disclosed CCPA Personal Information to a third party for the purposes described in the Policy and this Section, we require such third parties to treat such CCPA Personal Information confidentially and only for the purposes we have disclosed to you.
Your Rights as a California Resident
CCPA provides California Residents with specific rights regarding their CCPA Personal Information, specifically California Residents:
- Have the right to request disclosure by use of our collection and use of your CCPA Personal Information in the preceding 12 months:
- Which categories of your CCPA Personal Information we collected
- Why we collected your CCPA Personal Information
- What categories of third parties we shared your CCPA Personal Information with
- The specific CCPA Personal Information of yours that we collected
- Have the right to request deletion of your CCPA Personal Information that we possess
We will respond to verified requests from California Residents pursuant to the CCPA and fulfill such requests in compliance with the law, including any exceptions that may apply such as when the CCPA Personal Information is necessary to
- fulfill our obligations with respect to the Services you have requested or another legal obligation
- protect against cybersecurity threats, fraudulent or illegal activity
- avoid damage to, maintain and repair our Services
- the exercise of free speech or other rights protected under the law
- comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.)
- the completion of scientific, historical, or statistical research you previously consented to which is in the public interest and in compliance with law
- our right to use such information for internal purposes consistent with consumer expectations given the nature of our relationship with you or compatible with the context in which you provided your CCPA Information
You may exercise your CCPA rights described above and as otherwise provided under the law by submitting a verifiable CCPA request to the contact specified in the Policy for any privacy concerns. Such a request must be:
- made by you or your registered agent authorized pursuant to California law, on your behalf or on behalf of your minor child
- Made no more than twice in any 12-month period
- Provide information sufficient to reasonably verify the CCPA Personal Information is yours or is your minor child’s CCPA Personal Information
- Provide sufficient detail to allow us to evaluate the request and our legal obligations and rights under the law
We will respond to verifiable CCPA requests in accordance with the requirements of the law, and reserve all of our rights under such law.
We will not discriminate against you for exercising your CCPA rights as a California Resident, and will not deny access to Products or Services in the manner provided to all users of such Products or Services except as permitted by the CCPA.
This Section may be amended in our discretion except to the extent otherwise required by law.
Contact For Any Privacy Concerns:
Attn: Privacy Officer
Address for correspondence: