Terms of Use
Website Terms of Use
jemnie website located at
https://www.jemnie.com/ is a copyrighted work belonging to jemnie. Certain
features of the Site may be subject to additional guidelines, terms, or rules,
which will be posted on the Site in connection with such features.
All such additional terms, guidelines, and rules are incorporated by
reference into these Terms.
These Terms of Use described the legally binding terms and conditions that
oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT
THAT THESE TERMS and you represent that you have the authority and capacity to
enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE
SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO
AND/OR USE THE SITE.
These terms require the use of arbitration Section 10.2 on an individual
basis to resolve disputes and also limit the remedies available to you in the
event of a dispute. These Terms of Use were created with the help of the Terms
Of Use Generator.
Access to the Site
Subject to these Terms. Company grants you a non-transferable,
non-exclusive, revocable, limited license to access the Site solely for your
own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are subject
to the following restrictions: (a) you shall not sell, rent, lease, transfer,
assign, distribute, host, or otherwise commercially exploit the Site; (b) you
shall not change, make derivative works of, disassemble, reverse compile or
reverse engineer any part of the Site; (c) you shall not access the Site in
order to build a similar or competitive website; and (d) except as expressly
stated herein, no part of the Site may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any
means unless otherwise indicated, any future release, update, or other addition
to functionality of the Site shall be subject to these Terms. All
copyright and other proprietary notices on the Site must be retained on all
copies thereof.
Company reserves the right to change, suspend, or cease the Site with or
without notice to you. You approved that Company will not be held liable
to you or any third-party for any change, interruption, or termination of the
Site or any part.
No Support or Maintenance. You agree that Company will have no obligation
to provide you with any support in connection with the Site.
Excluding any User Content that you may provide, you are aware that all the
intellectual property rights, including copyrights, patents, trademarks, and
trade secrets, in the Site and its content are owned by Company or Company’s
suppliers. Note that these Terms and access to the Site do not give you any
rights, title or interest in or to any intellectual property rights, except for
the limited access rights expressed in Section 2.1. Company and its suppliers
reserve all rights not granted in these Terms.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Site may contain links to third-party
websites and services, and/or display advertisements for third-parties.Â
Such Third-Party Links & Ads are not under the control of Company, and
Company is not responsible for any Third-Party Links & Ads. Company
provides access to these Third-Party Links & Ads only as a convenience to
you, and does not review, approve, monitor, endorse, warrant, or make any
representations with respect to Third-Party Links & Ads. You use all
Third-Party Links & Ads at your own risk, and should apply a suitable level
of caution and discretion in doing so. When you click on any of the Third-Party
Links & Ads, the applicable third party’s terms and policies apply,
including the third party’s privacy and data gathering practices.
Other Users. Each Site user is solely responsible for any and all of its
own User Content. Because we do not control User Content, you acknowledge
and agree that we are not responsible for any User Content, whether provided by
you or by others. You agree that Company will not be responsible for any
loss or damage incurred as the result of any such interactions. If there
is a dispute between you and any Site user, we are under no obligation to
become involved.
You hereby release and forever discharge the Company and our officers,
employees, agents, successors, and assigns from, and hereby waive and
relinquish, each and every past, present and future dispute, claim,
controversy, demand, right, obligation, liability, action and cause of action
of every kind and nature, that has arisen or arises directly or indirectly out
of, or that relates directly or indirectly to, the Site. If you are a
California resident, you hereby waive California civil code section 1542 in
connection with the foregoing, which states: "a general release does not
extend to claims which the creditor does not know or suspect to exist in his or
her favor at the time of executing the release, which if known by him or her
must have materially affected his or her settlement with the debtor."
Cookies and Web Beacons. Like any other website, jemnie uses ‘cookies’.
These cookies are used to store information including visitors’ preferences,
and the pages on the website that the visitor accessed or visited. The
information is used to optimize the users’ experience by customizing our web
page content based on visitors’ browser type and/or other information.
Google DoubleClick DART Cookie. Google is one of a third-party vendor on
our site. It also uses cookies, known as DART cookies, to serve ads to our site
visitors based upon their visit to www.website.com and other sites on the
internet. However, visitors may choose to decline the use of DART cookies by
visiting the Google ad and content network Privacy Policy at the following URL
– https://policies.google.com/technologies/ads
Disclaimers
The site is provided on an "as-is" and "as available"
basis, and company and our suppliers expressly disclaim any and all warranties
and conditions of any kind, whether express, implied, or statutory, including
all warranties or conditions of merchantability, fitness for a particular
purpose, title, quiet enjoyment, accuracy, or non-infringement. We and
our suppliers make not guarantee that the site will meet your requirements,
will be available on an uninterrupted, timely, secure, or error-free basis, or
will be accurate, reliable, free of viruses or other harmful code, complete,
legal, or safe. If applicable law requires any warranties with respect to
the site, all such warranties are limited in duration to ninety (90) days from
the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the
above exclusion may not apply to you. Some jurisdictions do not allow
limitations on how long an implied warranty lasts, so the above limitation may
not apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no event shall company or our
suppliers be liable to you or any third-party for any lost profits, lost data,
costs of procurement of substitute products, or any indirect, consequential,
exemplary, incidental, special or punitive damages arising from or relating to
these terms or your use of, or incapability to use the site even if company has
been advised of the possibility of such damages. Access to and use of the
site is at your own discretion and risk, and you will be solely responsible for
any damage to your device or computer system, or loss of data resulting
therefrom.
To the maximum extent permitted by law, notwithstanding anything to the
contrary contained herein, our liability to you for any damages arising from or
related to this agreement, will at all times be limited to a maximum of fifty
U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge
this limit. You agree that our suppliers will have no liability of any
kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability
for incidental or consequential damages, so the above limitation or exclusion
may not apply to you.
Term and Termination. Subject to this Section, these Terms will remain in
full force and effect while you use the Site. We may suspend or terminate
your rights to use the Site at any time for any reason at our sole discretion,
including for any use of the Site in violation of these Terms. Upon
termination of your rights under these Terms, your Account and right to access
and use the Site will terminate immediately. You understand that any
termination of your Account may involve deletion of your User Content
associated with your Account from our live databases. Company will not
have any liability whatsoever to you for any termination of your rights under
these Terms. Even after your rights under these Terms are terminated, the
following provisions of these Terms will remain in effect: Sections 2 through 2.5,
Section 3 and Sections 4 through 10.
Copyright Policy.
Company respects the intellectual property of others and asks that users of
our Site do the same. In connection with our Site, we have adopted and
implemented a policy respecting copyright law that provides for the removal of
any infringing materials and for the termination of users of our online Site
who are repeated infringers of intellectual property rights, including
copyrights. If you believe that one of our users is, through the use of
our Site, unlawfully infringing the copyright(s) in a work, and wish to have
the allegedly infringing material removed, the following information in the
form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be
provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that
you claim to have been infringed;
- identification of the material on our services
that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate
such material;
- your address, telephone number, and e-mail
address;
a statement that you have a good faith belief that use of the objectionable
material is not authorized by the copyright owner, its agent, or under the law;
and a statement that the information in the notification is accurate, and under
penalty of perjury, that you are either the owner of the copyright that has
allegedly been infringed or that you are authorized to act on behalf of the
copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of
material fact in a written notification automatically subjects the complaining
party to liability for any damages, costs and attorney’s fees incurred by us in
connection with the written notification and allegation of copyright
infringement.
General
These Terms are subject to occasional revision, and if we make any
substantial changes, we may notify you by sending you an e-mail to the last
e-mail address you provided to us and/or by prominently posting notice of the
changes on our Site. You are responsible for providing us with your most
current e-mail address. In the event that the last e-mail address that
you have provided us is not valid our dispatch of the e-mail containing such
notice will nonetheless constitute effective notice of the changes described in
the notice. Any changes to these Terms will be effective upon the
earliest of thirty (30) calendar days following our dispatch of an e-mail
notice to you or thirty (30) calendar days following our posting of notice of
the changes on our Site. These changes will be effective immediately for
new users of our Site. Continued use of our Site following notice of such
changes shall indicate your acknowledgement of such changes and agreement to be
bound by the terms and conditions of such changes. Dispute Resolution. Please
read this Arbitration Agreement carefully. It is part of your contract with
Company and affects your rights. It contains procedures for MANDATORY
BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes in
connection with the Terms or the use of any product or service provided by the
Company that cannot be resolved informally or in small claims court shall be
resolved by binding arbitration on an individual basis under the terms of this
Arbitration Agreement. Unless otherwise agreed to, all arbitration
proceedings shall be held in English. This Arbitration Agreement applies
to you and the Company, and to any subsidiaries, affiliates, agents, employees,
predecessors in interest, successors, and assigns, as well as all authorized or
unauthorized users or beneficiaries of services or goods provided under the
Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may
seek arbitration, the party must first send to the other party a written Notice
of Dispute describing the nature and basis of the claim or dispute, and the
requested relief. A Notice to the Company should be sent to: USA,
California. After the Notice is received, you and the Company may attempt to
resolve the claim or dispute informally. If you and the Company do not
resolve the claim or dispute within thirty (30) days after the Notice is
received, either party may begin an arbitration proceeding. The amount of
any settlement offer made by any party may not be disclosed to the arbitrator
until after the arbitrator has determined the amount of the award to which
either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American
Arbitration Association, an established alternative dispute resolution provider
that offers arbitration as set forth in this section. If AAA is not
available to arbitrate, the parties shall agree to select an alternative ADR
Provider. The rules of the ADR Provider shall govern all aspects of the
arbitration except to the extent such rules are in conflict with the
Terms. The AAA Consumer Arbitration Rules governing the arbitration are
available online at adr.org or by calling the AAA at 1-800-778-7879. The
arbitration shall be conducted by a single, neutral arbitrator. Any
claims or disputes where the total amount of the award sought is less than Ten
Thousand U.S. Dollars (US $10,000.00) may be resolved through binding
non-appearance-based arbitration, at the option of the party seeking
relief. For claims or disputes where the total amount of the award sought
is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing
will be determined by the Arbitration Rules. Any hearing will be held in
a location within 100 miles of your residence, unless you reside outside of the
United States, and unless the parties agree otherwise. If you reside
outside of the U.S., the arbitrator shall give the parties reasonable notice of
the date, time and place of any oral hearings. Any judgment on the award
rendered by the arbitrator may be entered in any court of competent
jurisdiction. If the arbitrator grants you an award that is greater than
the last settlement offer that the Company made to you prior to the initiation
of arbitration, the Company will pay you the greater of the award or
$2,500.00. Each party shall bear its own costs and disbursements arising
out of the arbitration and shall pay an equal share of the fees and costs of
the ADR Provider.
Â
Additional Rules for Non-Appearance Based Arbitration. If non-appearance
based arbitration is elected, the arbitration shall be conducted by telephone,
online and/or based solely on written submissions; the specific manner shall be
chosen by the party initiating the arbitration. The arbitration shall not
involve any personal appearance by the parties or witnesses unless otherwise
agreed by the parties.
Time Limits. If you or the Company pursues arbitration, the arbitration
action must be initiated and/or demanded within the statute of limitations and
within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will
decide the rights and liabilities of you and the Company, and the dispute will
not be consolidated with any other matters or joined with any other cases or
parties. The arbitrator shall have the authority to grant motions
dispositive of all or part of any claim. The arbitrator shall have the
authority to award monetary damages, and to grant any non-monetary remedy or
relief available to an individual under applicable law, the AAA Rules, and the
Terms. The arbitrator shall issue a written award and statement of
decision describing the essential findings and conclusions on which the award
is based. The arbitrator has the same authority to award relief on an
individual basis that a judge in a court of law would have. The award of
the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND
STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY,
instead electing that all claims and disputes shall be resolved by arbitration
under this Arbitration Agreement. Arbitration procedures are typically
more limited, more efficient and less expensive than rules applicable in a
court and are subject to very limited review by a court. In the event any
litigation should arise between you and the Company in any state or federal
court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND
THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute
be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the
scope of this arbitration agreement must be arbitrated or litigated on an
individual basis and not on a class basis, and claims of more than one customer
or user cannot be arbitrated or litigated jointly or consolidated with those of
any other customer or user.
Confidentiality. All aspects of the arbitration proceeding shall be
strictly confidential. The parties agree to maintain confidentiality
unless otherwise required by law. This paragraph shall not prevent a
party from submitting to a court of law any information necessary to enforce
this Agreement, to enforce an arbitration award, or to seek injunctive or
equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found
under the law to be invalid or unenforceable by a court of competent
jurisdiction, then such specific part or parts shall be of no force and effect
and shall be severed and the remainder of the Agreement shall continue in full
force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this
Arbitration Agreement may be waived by the party against whom the claim is
asserted. Such waiver shall not waive or affect any other portion of this
Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the
termination of your relationship with Company.
Small Claims Court. Nonetheless the foregoing, either you or the Company
may bring an individual action in small claims court.
Emergency Equitable Relief. Anyhow the foregoing, either party may seek
emergency equitable relief before a state or federal court in order to maintain
the status quo pending arbitration. A request for interim measures shall
not be deemed a waiver of any other rights or obligations under this
Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of
defamation, violation of the Computer Fraud and Abuse Act, and infringement or
misappropriation of the other party’s patent, copyright, trademark or trade
secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the
parties to litigate in court, the parties hereby agree to submit to the
personal jurisdiction of the courts located within Netherlands County,
California, for such purposes.
The Site may be subject to U.S. export control laws and may be subject to
export or import regulations in other countries. You agree not to export,
re-export, or transfer, directly or indirectly, any U.S. technical data
acquired from Company, or any products utilizing such data, in violation of the
United States export laws or regulations.
Company is located at the address in Section 10.8. If you are a California
resident, you may report complaints to the Complaint Assistance Unit of the
Division of Consumer Product of the California Department of Consumer Affairs
by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by
telephone at (800) 952-5210.
Electronic Communications. The communications between you and Company use
electronic means, whether you use the Site or send us emails, or whether
Company posts notices on the Site or communicates with you via email. For
contractual purposes, you (a) consent to receive communications from Company in
an electronic form; and (b) agree that all terms and conditions, agreements,
notices, disclosures, and other communications that Company provides to you
electronically satisfy any legal obligation that such communications would
satisfy if it were be in a hard copy writing.
Your Privacy. Please read our Privacy Policy.
Copyright/Trademark Information. Copyright ©. All rights reserved.Â
All trademarks, logos and service marks displayed on the Site are our property
or the property of other third-parties. You are not permitted to use these
Marks without our prior written consent or the consent of such third party
which may own the Marks.
