Changes to the Terms
From time to time, Johnny’s may revise, modify, update, or change the Terms. These revisions may be made at any time with or without prior notice. Therefore, it is your responsibility to review these Terms each time you use or visit the Website.
Use of the Website
The Website and its content are intended solely for your personal use. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the website are copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled, or licensed by Johnny’s or by third parties who have licensed their materials to Johnny’s. The compilation of materials on this Website is the exclusive property of Johnny’s.
Additionally, you agree to not use this Website in the following ways: (1) for any purpose that is unlawful or prohibited by these Terms; (2) in a manner that could damage, disable, overburden, or impair any Johnny’s server or the networks connected to any Johnny’s server; (3) to interfere with any third party’s use and enjoyment of this website; or (4) to attempt to gain unauthorized access to accounts, computer systems, or networks connected to any Johnny’s servers through hacking, password mining, or any other means.
This Website, through use of a third party vendor for credit card transactions, sells products to adults who are capable of making purchases with a credit card. If you are under the age of 18 years old, you may use the Website only under the supervision of a parent or guardian. Johnny’s and its affiliates reserve the right to refuse service or cancel orders in their sole discretion. If you are a parent or guardian who is supervising a minor’s use of the Website, please be aware that you are fully responsible for his or her use and conduct on the Website, including all financial charges and
legal liability that he or she may incur.
User Logins & Passwords
Certain features on Johnny’s Website may require you to register. Johnny’s will review and determine, in Johnny’s sole discretion, whether to accept your registration. Johnny’s reserves the right, in its sole discretion, to refuse or restrict anyone from accessing the Website for anytime and for any reason.
Upon acceptance of your registration with Johnny’s, you may select your user ID and password (collectively “Password”) for access to and use of the applicable portion of the Website. When registering for your Password, you must provide accurate and complete information. In your use of your Password or through any other means on the Website, you will not impersonate or misrepresent your association with any person or entity.
Johnny’s reserves the right to require you to periodically change your Password. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to anyone else, and you shall not use anyone else’s Password. You agree to notify Johnny’s immediately about any unauthorized use of your Password or any breach of security related to your use of the Website. You further agree that Johnny’s shall not be responsible for your failure to comply with this Section or for any loss or damage arising out of, or related to, your use of your Password by you or any other party.
User Provided Content
As part of the features of this Website, Johnny’s may occasionally feature or display materials created by you or users (“User”) of this Website that are unaffiliated with Johnny’s. As part of your use of this website, you understand and agree that all information or data of any kind, such as text, software, music, photographs, or other materials (“Content”), made available privately or publicly, will be the sole responsibility of the person providing said Content, or of the person whose user account is used. You understand that this Website may expose you to contact that you find undesirable, objectionable, or offensive. Johnny’s will not be responsible to you in any way for any content displayed on this Website, nor for any error or omission.
By providing Content to the Website, you agree to grant Johnny’s a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, promote, archive, translate, and create derivative works and compilations of the Content without compensation to you or any other person submitting the Content. This license will apply with respect to any form of media currently known at the time of submission or subsequently developed. Johnny’s is not required to treat any Content as confidential (unless required by law or if Johnny’s has agreed to treat it as confidential otherwise in the Terms), and will not be liable for any ideas for its business (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Johnny’s operations.
The Website is provided purely for your personal use of the website. It is a violation of the Terms to use the website in any of the following ways:
- To collect or harvest any information about other users;
- To provide, or cause this Website to provide, any Content or service in any commercial
manner, or in manner that would involve junk mail, spam, chain letters, pyramid schemes,
or any other form of unauthorized advertising or commerce;
- To promote or operate any service or Content without Johnny’s prior written authorization;
- To provide Content that may give rise to Johnny’s being held civilly or criminally liable,
or that may be considered a violation of any local, national, or international law, including
– but not limited to – laws related to copyrights, trademarks, patents or trade secrets.
In supplying Content, you warrant and represent that you have all legal, moral, and other rights necessary to grant Johnny’s a license to that material as discussed above. You further acknowledge and agree that Johnny’s will have the right (but not the obligation), at its sole and absolute discretion, to refuse to publish, or to remove, or to block access to any content you provide at any time and for any reason or no reason, with or without notice.
Your Conduct on the Website
You will not provide any Content or conduct yourself in any way that may be construed as illegal, threatening, harmful, abusive, harassing, stalking, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, giving rise to civil or criminal liability, or in violation of an applicable local, national or international law.
In connection with your use of the Website, you consent to Johnny’s recording of any communication, electronic or otherwise, between you and Johnny’s and retaining any information and data you submit while using the Website.
On an as-needed basis, Johnny’s may seek to gather information from a user who is suspected of violating the Terms or from any other user. Johnny’s may suspend the accounts of any users whose conduct or posting are under investigation and may remove such material from its servers, as it deems appropriate and without notice. If, in its sole discretion, Johnny’s believes that a violation of the Terms has occurred, it may edit or modify any submission, posting, or email, remove the material permanently, cancel postings, warn users, suspend Passwords, terminate accounts, or take any other corrective action it deems appropriate. Johnny’s will fully cooperate with any law enforcement authorities or court order requesting or directing Johnny’s to disclose the identity of anyone posting Content, otherwise making available any materials, or otherwise using the Website in a manner that is believed to violate the Terms. YOU WAIVE AND HOLD HARMLESS JOHNNY’S FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY JOHNNY’S DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER JOHNNY’S OR LAW ENFORCEMENT AUTHORITIES.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD JOHNNY’S AND ITS OWNERS, AFFILIATES, SUBSIDIARIES, DIRECTORS, SHARE HOLDERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THIS WEBSITE AND/OR (II) YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THE TERMS.
THIS WEBSITE IS PROVIDED BY JOHNNY’S ON AN “AS IS” AND “AS AVAILABLE” BASIS. JOHNNY’S MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION INCLUDED ON SUCH WEBSITE. JOHNNY’S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. JOHNNY’S DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES OR OTHER MALWARE. JOHNNY’S DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL JOHNNY’S OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF JOHNNY’S HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
These Terms shall be governed by and construed under the laws of the State of Louisiana, without regard for conflicts of law principles. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or related to this website or the use or access thereof may be in the state or federal courts located in West Monroe, Louisiana.
Johnny’s is not affiliated or associated with the sponsors, owners or producers of any third party websites linked to or from this Website. These linked sites are not under our control and Johnny’s explicitly disclaims any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through such third party sites. Johnny’s does not endorse and has not taken any steps to confirm the accuracy or reliability of any of the information, products or services contained on or through such third party sites. Johnny’s does not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any third party site.
The failure of Johnny’s to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit Johnny’s rights with respect to such breach or any subsequent breaches. Neither the course of conduct between the parties nor trade practice shall act to modify the Terms. Johnny’s may assign its rights and duties hereunder to any party at any time without any notice to you. You may not assign these Terms without Johnny’s prior written consent.
You agree that any claim or cause in respect of this Website or its services must be filed within one (1) year after such claim or cause arose, or said claim or cause will be forever barred, without regard to any contrary legislation.
If any provision of the Terms shall be found unlawful, void, or for any reason unenforceable, then
the provision shall be deemed severable from the Terms and shall not affect the validity and
enforceability of any remaining provisions.
Online Copyright Infringement Notification Policy
If you believe that the Website contains materials that constitute copyright infringement, please notify our Designated Agent, Warren Hanks, in writing using the following contact information:
Name of Designated Agent to Receive Notification of Claimed Infringement: Warren Hanks
Full Address of Designated Agent: 100 Arkansas Rd., West Monroe, LA 71291
Telephone Number of Designated Agent: 318.323.0518
Facsimile Number of Designated Agent: 318.322.3191
Under Title 17, United States Code, Section 512(c)(3)(A), your notice of a claimed copyright infringement to our Designated Agent must be in the form of a written communication that includes the following information:
- Your address, telephone number and e-mail address;
- Identification of the copyrighted work (or works) that you claim has been infringed;
- A description of the material that you claim is infringing the copyrighted work;
- A clear description of where the infringing material is located on the Website, including its URL, so that Johnny’s can locate the material;
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the owner or of the person authorized to act on
behalf of the owner of the copyright interest.