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Terms of Service

1. Acceptance of the Terms of Service

These Terms of Service are entered into by and between you or the business you represent (“You” or “Customer”) and Trade Street Jam Co. (“Trade Street”, “we”, “us”, or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of the Trade Street website https://tradestjamco.com or any of our other websites (including, without limitation, mobile websites), applications, or digital properties that we link or refers to these Terms of Service (the “Website”). To the extent there is any conflict between these Terms of Service and any service contract terms and conditions between you and Trade Street, such service contracts’ terms and conditions will control with respect to the subject matter of those particular services described therein. By accessing the Website in any way, including, without limitation, browsing the Website, using any services, and/or submitting information to Trade Street, you agree to and are bound by the terms, conditions, policies and notices contained in these Terms of Service.

The Website is available to users who are 18 years of age or older and reside in the United States or any of its territories. By using the Website, you represent and warrant that you are of legal age to form a binding contract with Trade Street and meet all of the preceding eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. In addition, you understand that certain privacy practices apply to your use of the Website, and you agree that you have read and understand such privacy practices as they apply to your use of the Website. For additional information, please see Trade Street Jam Co. Privacy Policy.

 

THESE TERMS OF SERVICE CONTAIN AN ARBITRATION PROVISION IN SECTION 20. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, FOUND ON OUR WEBSITE INCORPORATED HEREIN BY REFERENCE. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website.

 

2. Changes to the Terms of Service

 

We may revise and update the Website and these Terms of Service from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page frequently each time you access the Website, so you are aware of any changes, as they are binding on you. You agree to review these Terms of Service periodically to ensure that you are familiar with the most recent version.

 

Trade Street may, in its sole discretion, and at any time, discontinue the Website or any part thereof, with or without notice, or may prevent your use of the Website with or without notice to you. You agree that you do not have any rights in the Website and that Trade Street will have no liability to you if the Website is discontinued, or if your ability to access the Website or any content you may have posted on the Website is terminated.

 

3. Your Privacy

All information that you provide to us or that we collect through your use of the Website is subject to our Privacy Policy found on the Website. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 


4. The Website

The Website provides information regarding our Jam, jellies and other products and services (“the Offerings”) that we offer to our clients and customers. Content on the Website that is provided by Trade Street or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Trade Street Content”) is the property of Trade Street and its licensors, and is protected under trademark, copyright, and other intellectual property laws. Nothing in the Website should be construed as granting any license or right to download or use any Trade Street Content.

 

You agree not to download, display or use any Trade Street Content located on the Website for any purpose, in connection with products or services that are not those of Trade Street, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Trade Street and/or its licensors, that dilutes the strength of Trade Street’s or its licensor’s property, or that otherwise infringes Trade Street’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Trade Street Content that appears on the Website.

 

BY USING THE WEBSITE, YOU ARE REPRESENTING AND WARRANTING THAT YOU HAVE AUTHORIZATION TO ORDER OUR PRODUCTS AND SERVICES FOR YOURSELF OR THE BUSINESS YOU REPRESENT. IF YOU ARE AN EMPLOYEE, YOU ARE REPRESENTING THAT YOU HAVE THE CAPACITY AND AUTHORIZATION TO BIND THE BUSINESS TO THIS TERMS OF SERVICE.

 

From time to time on certain areas of the Website you may be able to submit photos, written posts and certain other materials (“User Content”). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Trade Street; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including, without limitation, the personnel of Trade Street, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Website, or feature of the Website. You further understand and agree that you have no ownership rights in any User Content you submit to us, to any account you may have with us or other access to the Site or features therein. Trade Street may cancel your account and delete all User Content associated with your account at any time, and without notice, if Trade Street deems that you have violated these Terms of Service, the law, or for any other reason. Trade Street assumes no liability for any information removed from the Website, and reserves the right to permanently restrict access to the Website or a user account. For the avoidance of doubt, and without limiting the effect of the foregoing, Trade Street reserves the right, in its sole and absolute discretion, to modify, edit or remove any User Content, or to request a user to modify or edit his or her User Content, if a compliant or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason.

 

By displaying, publishing, or otherwise posting any User Content on or through the Website, you hereby irrevocably grant to Trade Street a non-exclusive, fully-sublicensable, non-revocable, worldwide, fully-paid up, royalty-free license to use, modify, publicly perform, publicly display, broadcast, publish, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek your or any third party permission. Further, you waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, the Website in favor of Trade Street. This license and waiver of rights includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights you hold in your User Content, and you retain any right to use your User Content in any way you choose, subject to these Terms of Service and the license described herein. You represent and warrant that you own all of the User Content submitted, displayed, published or posted by you on the Website and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contact rights or any other intellectual property rights or other rights of any person or entity.

 

5. Accessing the Website and Account Security

We reserve the right to withdraw or change the Website, and any service or material we provide in connection with the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Website Content is unavailable at any time or for any period. Our Website may be dependent on third party applications that we use or that you have provided.

You are responsible for both:
  • Making all arrangements necessary for you to access the Website.
  • Ensuring that all persons who access the Website are aware of these Terms of Service and our Privacy Policy and comply with them.


To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Website, or any features at all.

 

It is a condition of your use of the Website, which may require you to create an account or otherwise submit information to use, that you must complete the specified process and all the information you provide on the Website are correct, current, complete, as requested, and that you are authorized to disclose such information. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur your under your account. You agree to notify Trade Street immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Website. Trade Street is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us.

 

You agree that all information you provide to register with the Website or otherwise, including, but not limited to, through the use of any interactive features on 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.


6. Use of Credit Card



If you wish to purchase any product or service made available through the Website, you may be asked to supply certain information relevant to your transaction, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.



7. Mobile Device Access



To the extent you access the Website through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain mobile Website or applications may be prohibited or restricted by your carrier, and not all mobile Website or applications may work with all carriers or devices.


8. Intellectual Property Rights



The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, photographs, video, and audio, and the design, selection, and arrangement thereof) are owned by Trade Street Jam Co., 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 Service permit you to use the Website for your personal, non-commercial use only. You must not upload, post, email, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or otherwise transmit any of the materials on or through the Website, except as follows: (1) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (2) you may store files that are automatically cached by your Web browser for display enhancement purposes; and (3) except for materials owned by third parties and except for materials that may be subject to additional or different terms, you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution. If we provide social media features with certain content, you may take such actions as are enabled by such features.



You must not:

  • Modify copies of any materials from the Website.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. 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 Trade Street. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.



9. Trademarks



The Trade Street Jam Co. name, the phrase “Trade Street Jam Co. Made in Brooklyn,” the term “Jamily,” Trade Street’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Trade Street Jam Co. or its affiliates or licensors. You must not use such marks without the prior written permission of Trade Street. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.


10. Prohibited Uses



You may use the Website only for lawful purposes and in accordance with these Terms of Service. 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).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Trade Street, a Trade Street employee, a Trade Street agent, or another user or customer of our products and services, or any other person or entity (including, without limitation, by using the email addresses or screen names associated with any of the foregoing).
  • 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 Trade Street 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.
  • Abuse the Website by requesting an unreasonable amount of requests that are not reasonably related to purchasing a Trade Street product or service i.e., requesting unreasonable load on the service infrastructure and attempt to overburden the services.
  • 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 purpose not expressly authorized in these Terms of Service, 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.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the services.
  • Use any electronic communication feature of the Website for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful, all as determined by Trade Street in its sole and absolute discretion.
  • Upload, pose, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
  • Collect or store personal data about other users.
  • Use the Website for any commercial purpose not expressly approved by Trade Street in writing.
  • Your engaging in a prohibited use may result in the termination of your right to use the services.

 


11. Monitoring and Enforcement; Termination



We have the right to:

  • 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 Service.

 

Without limiting the foregoing, we have the right to cooperate fully 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 TRADE STREET JAM CO. AND ITS AFFILIATES, LICENSEES, SERVICE PROVIDERS, AND CONTRACTORS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TRADE STREET AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER TRADE STREET JAM CO., 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 transmissions, communications, or 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.



12. 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 corresponding with these Website may be out of date at any given time, and we are under no obligation to update such material.



13. Reliance on Information Posted



The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. 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’s use of the Website, or by anyone who may be informed of any of its contents.


14. Information About You and Your Visits to the Website



All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.


15. Links from the Website

The Website may hyperlink to websites not maintained by or related to Trade Street. Such hyperlinks to other websites and resources provided by third parties are provided for your convenience only and are not sponsored by or affiliated with the Website or Trade Street, and Trade Street does not endorse and makes no representation or warranties about the content, completeness, or accuracy of those third party websites. This includes hyperlinks contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. Information you submit at a third party website accessible from the Website is subject to the terms of that website’s privacy policy, and Trade Street has no control over how your information is collected, used, or otherwise handled. If you decide to access any of the third-party websites linked to these Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

16. Geographic Restrictions

The owner of these Website is based in the State of New York in the United States. We provide the Website for use only by persons located in the United States[, Canada and the United Kingdom]. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

17. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THE WEBSITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS WEBSITE, OR ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS (INCLUDING SOFTWARE) THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL TRADE STREET (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS OR PROGRAMMERS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR ANY PRODUCTS OR SERVICES AVAILABLE THEREON, NOR SHALL TRADE STREET BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND TRADE STREET’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE WEBSITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL TRADE STREET OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, EVEN IF TRADE STREET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU DOWNLOAD ALL MATERIAL AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE WEBSITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE WEBSITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Representations and Limitation on Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRADE STREET MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY OF THE FEATURES OF THE WEBSITE, THE TRADE STREET CONTENT, USER CONTENT, OR ANY OTHER SITE FEATURE, AND DISCLAIMS ALL LIABILITY IN THE EVENT OF ANY SERVICE FAILURE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE AND PURCHASE OF TRADE STREET SERVICES REMAINS WITH YOU. NEITHER TRADE STREET, NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE TRADE STREET WEBSITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OR WEBSITE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR TRADE STREET WEBSITE, OR THE INABILITY TO USE OR ACCESS A PROFILE OR ANY SPECIFIC PROFILE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRADE STREET JAM CO. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL TRADE STREET’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR WEBSITE EXCEED THE AMOUNTS YOU HAVE PAID FOR THE TRADE STREET WEBSITE, IF YOU HAVE MADE ANY PAYMENTS TO TRADE STREET FOR USE OF THE SAME OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRADE STREET AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the Website.

Trade Street does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including, with but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Trade Street without the prior review and written approval of Trade Street.

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

19. Indemnification

You agree to defend, indemnify, and hold harmless Trade Street, its parents, subsidiaries, affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any demands, claims, liabilities, liens, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, any use of the Website’ content, Website, and products other than as expressly authorized in these Terms of Service, or any violations thereof by your dependents or which arises from the use of any content including User Content that you submitted, posted, or otherwise provided to Trade Street or the Website, or your use of any information obtained from the Website.

20. Governing Law and Jurisdiction

The Website is controlled and operated by Trade Street from within the United States, and, except as expressly set forth in these Terms of Service, is not intended to subject Trade Street to the laws or jurisdiction of any country other than that of the United States. We may limit the availability of the Website, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

All matters relating to the Website and these Terms of Service, 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 Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in Kings County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

21. Arbitration

At Trade Street’s sole discretion, it may require You to submit any disputes arising from these Terms of Service or use of the Service, 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 New York law.

22. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

23. Waiver and Severability

No waiver by Trade Street of any term or condition set out in these Terms of Service 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 Trade Street to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

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

24. Entire Agreement; Force Majeure

The Terms of Service, and our Privacy Policy constitute the sole and entire agreement between you and Trade Street regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. Both you and Trade Street acknowledge and agree that no partnership is formed and neither you nor Trade Street has the power or the authority to obligate or bind the other. The failure of Trade Street to comply with these Terms of Service because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, provincial/territorial, or local governmental authorities or for any other reason beyond the reasonable control of Trade Street, shall not be deemed a breach of these Terms of Service.

25. Your Comments and Concerns
The Website is operated by Trade Street Jam Co., 1736 Pacific Street, Suite 1B, Brooklyn, NY 11213.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@tradestjamco.com.

4812-4631-7815v4

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