Privacy Policy & Terms of Use

JATO's ONLINE PRIVACY POLICY (USA)

JATO is committed to respecting the privacy and security of your personal information. The following U.S. online privacy policy, updated in November 2007, describes the information we collect and how we use it. By using this website, you consent to our privacy policy.

For questions or concerns, please contact us.

Collecting Information
Like many websites, we gather information about how visitors use our website. In general, you can visit many of our web pages without telling us who you are or revealing any personal information about yourself. We may track your visit for trends and statistics, but you will remain anonymous unless you tell us who you are. Once you choose to give us your personal information, you are not anonymous to us. For more information, see "Cookies and Pixel Tags" section below.
We request information from you (which may include name, address, telephone number, email address, gender and when necessary, credit card information) when you:

  • Register
  • Purchase
  • Request a catalog
  • Request to receive communications
  • Participate in a promotion or other website feature

In order to better understand your preferences and better serve you, we may combine information you give us online with other information from JATO sources, transactions and communications. This may include data from JATO stores, direct mail, events, or online marketing. We may also combine that information with data that is publicly available and data that we receive from other reputable sources. This data may include postal address updates and demographic data. We collect information about gift recipients to fulfill the gift purchase, respond to customer service inquiries and for analysis purposes only. All data combined and stored with online data is protected by this privacy policy.


Using Information
We may use the information we collect to:

  • Customize and/or personalize your communications and shopping experience
  •  Better respond to your customer service inquires
  •  Communicate wit you about your purchase, account information, or customer service needs
  •  Communicate with you about our products and events, and for other promotional purposes
  •  Improve our business
  • Administer contest, promotions, surveys or other website features 

Sharing Information 
For the purpose of operating our business, we may transfer information between JATO and our preferred service providers who use that information only to conduct JATO business. For example, they may handle JATO's credit card processing, shipping, data management, email distribution, market research, information analysis, and promotions management. We may also share your information to administer a website feature (e.g., music download or race registration) and in that case will notify you before you give us your information. We provide our preferred service providers with the information they need to perform their services and work with them to respect and protect your information.
From time to time we might establish a business relationship with carefully selected persons or companies whom we believe trustworthy. These are known as our Select Partners. In such cases we might share and cross-reference information, including personally identifiable information about you that will enable such persons or entities to contact you regarding products and services that may be of interest to you. If you prefer that we do not share any information with these companies, please click here.


We may provide your information to JATO wholly-owned companies and affiliates, which may be outside the U.S. We may provide information to other companies for purposes such as reporting and marketing.
On rare occasions, we may disclose specific information upon governmental request, in response to a court order, when required by law, to enforce our website policies, or to protect our or others' rights, property, or safety. We may also share information with companies assisting in fraud protection or investigation. We do not provide information to these agencies or companies for marketing or commercial purposes.


Protecting Your Information
We use a variety of security measures, including sophisticated encryption and authentication tools to maintain the safety of your personal information. Your personal information is contained behind secure networks and is only accessible to a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All credit card information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be accessed only as stated above. Regardless of these efforts, no data transmission over the Internet can be guaranteed to be 100% secure.


Cookies and Pixel Tags
A cookie is a small removable data file that is stored by your web browser on your computer. Cookies allow you to place an order on our website and allow us to enhance and personalize your online browsing and shopping experience.
For example, we use cookies to:

  • Remember the itmes in your Shopping Cart 
  •  Recognize you when you return to our website
  •  Enable you to use Express Checkout
  •  Analyze visitor behavior

You can choose to have your computer warn you each time a cookie is being sent or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookie settings. If you turn cookies off, you won't have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting us.
We also use pixel tags - tiny graphic images - to help us analyze your online behavior. Pixel tags also allow us to send you email in a format you can read and let us know when you have opened an email message from us.
We may use pixel tags to collect information about your visit, including the pages you view, the links you click and other actions taken in connection with our sites and services. We also collect certain standard information that your browser sends to every website you visit, such as your IP address, browser type and language, access times and referring Web site addresses.


We may also work with other companies who use tracking technologies to serve ads on our behalf across the Internet. These companies may collect non-personally identifiable information about your visits to our website and your interaction with our communications, including advertising. If you would like to opt-out of 3rd party companies collecting non-personally identifiable information during your visits, please contact us.
Unsubscribing, Removing or Modifying Your Information
We want to communicate with you only if you want to hear from us. If you prefer not to receive information from JATO or would like to update or change your personal information or preferences, please follow the appropriate instructions, login or contact us.


Communications in Progress/Sales and Service Information.
Please note, if you have unsubscribed from any JATO communications, due to production schedules, you may receive communications already in production. Also, if you request your registration information be deleted or if you unsubscribe from communications, we may maintain information about sales transactions or service inquiries for future service and record keeping purposes.

Kids and Parents
Kids - If you are 18 years of age or younger, please be sure to ask your parents for permission before providing any information to us.
Parents - In communicating directly with minors over the Internet, we recognize the unique issues raised regarding the protection of your kids' privacy. The Children's Advertising Review Unit (CARU), a section of The Better Business Bureau, has issues guidelines for web sites gathering information from minors. The Quaker Oats Company intends to comply with the CARU guidelines in order to protect your kids and their privacy.

Policy Changes
We may change our privacy policy from time to time. We encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy. This policy was last modified on September, 2007.
Questions and Feedback

We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.


TERMS OF USE


PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THIS WEBSITE. All users of this website agree that access to and use of this website are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this website.
JATO Athletics, LLC (JATO) reserves the right to modify these Terms of Use at any time. You agree to review the these Terms of Use periodically to be aware of such modifications and that your continued use of the website shall be deemed to be your conclusive acceptance of any modified Terms of Use. We will indicate that changes to these Terms of Use have been made by updating the date indicated after "Last Modified" at the end of these Terms of Use. If you do not agree to abide by any modified version of these Terms of Use, you are not authorized to use this website.

Copyright
The entire content included in this website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of JATO. The collective work includes works that are licensed to JATO. Copyright 2007, JATO. ALL RIGHTS RESERVED. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with JATO or to purchase JATO products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by JATO in writing. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the website.


Trademarks / Intellectual Property
All trademarks, service marks and trade names of JATO used in the website (including but not limited to the JATO name, the JATO Logo Design and BE AN ATHLETE mark are trademarks or registered trademarks of JATO. They may not be used without JATO's prior written permission. Any other intellectual property in the website, including but not limited to patents, issued or pending, are the sole property of JATO and/or its licensors.


Product and Service Orders
All orders placed through the website are subject to JATO's acceptance, which is in its sole discretion. Without limitation, this means that JATO may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled, JATO shall issue a credit to your credit card account.


User Generated Content
JATO does not, and you agree that JATO has no obligation to, review the communications, materials, information, opinions, and other content posted and/or submitted by users accessing the website (including, without limitation, in or on bulletin boards, chat rooms, community pages or other forums on this website) (collectively, "User Generated Content"), that JATO is not in any manner responsible for User Generated Content, that JATO does not guarantee the accuracy, integrity or quality of User Generated Content, and that JATO cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website. You acknowledge that by providing you with the ability to access and view User Generated Content on the website, JATO is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of JATO or its affiliated or related entities or content providers.


Notwithstanding the foregoing, you acknowledge and agree that JATO has the absolute right to monitor User Generated Content posted to the Website in its sole discretion. In addition, JATO reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content.

You agree that you shall immediately notify JATO in writing of any objectionable content appearing on the Website. JATO will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content whatsoever.

Any use of any content on this website, including, without limitation, User Generated Content will be at your own risk. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT JATO IS NOT RESPONSIBLE FOR ANY USER GENERATED CONTENT THAT PURPORTS TO GIVE MEDICAL ADVICE OR ADVICE REGARDING FITNESS TRAINING, EXERCISE, OR DIET. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR A PHYSICAL FITNESS PROGRAM.

You may not post or otherwise distribute content to the website which JATO in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of JATO or another party, illegal, or otherwise objectionable to JATO. You may not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or other organization. You may be required to register and/or agree to additional terms of use prior to being permitted to post or otherwise distribute User Generated Content to this website.


Use of Information Submitted
You agree that JATO is free to use any comments, information, designs, ideas, or other content contained in any User Generated Content posted by you to this website, or created by you while accessing the website, or contained in any communication you may send to JATO or submit to the website without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the website or other products or services.


Copyright Agent
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please us with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) 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. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon JATO actual knowledge of facts or circumstances from which infringing material or acts are evident. JATO's address for notice of claims of copyright infringement is as follows:

Name: Legal Department (Copyright)
Address: PO Box 170952 Arlington, Texas 76003
Telephone: 817-460-5282

We suggest that you consult your legal advisor before filing a notice with JATO. You should note that there can be penalties for false claims under the DMCA.

JATO may, in appropriate circumstances and in its sole discretion, terminate the accounts of users who may be repeat infringers or otherwise prohibit such users from accessing the website.


Third-Party Links
In an attempt to provide increased value to our visitors, JATO may link to websites operated by third parties. However, even if the third party is affiliated with JATO, JATO has no control over these linked websites, all of which have separate terms and conditions and privacy and data collection practices, independent of JATO. These linked websites are only for your convenience and therefore you access them at your own risk. JATO seeks to protect the integrity of the website and the links placed upon it and therefore requests any feedback about the website and for websites it links to as well. Please review the privacy policy of any third-party website that you have linked to from the Website before you use such third-party website.


Indemnification
You agree to indemnify, defend, and hold harmless JATO, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from or relating in any way to your use of this website.

Privacy
JATO is committed to safeguarding your privacy. The terms regulating the handling of personally identifiable information and other information by you in connection with the website is described in our Privacy Policy.


Warranty Disclaimer
THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JATO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. JATO DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JATO DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

JATO DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST JATO FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.


Limitation of Liability
JATO SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF JATO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, JATO IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, JATO'S LIABILITY SHALL IN NO EVENT EXCEED US$100.00.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


Miscellaneous
Your use of this website shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this website (including but not limited to the purchase of JATO products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Tarrant County, Texas. Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of JATO products) must be commenced within one (1) year after the claim or cause of action arises. By using the website, you agree to receive electronic communications from JATO. You agree that any notice, agreement, disclosure or other communication that JATO sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. JATO's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. JATO may assign its rights and duties under this Agreement to any party at any time without notice to you.


Term; Termination
These terms and conditions are applicable to you upon your accessing the website. JATO reserves the right in its sole discretion to terminate or restrict your use of the website, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated by JATO without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.