Greetings, warrior. Our mission is simple:
to raise up an army of entrepreneurs around the world. Our commitment is
singular: to help you succeed as an online entrepreneur.
PLEASE READ THESE TERMS CAREFULLY
BEFORE USING THIS WEBSITE. THESE TERMS
INCLUDE A MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT DISPUTES ARE
RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE
OR CONSOLIDATED BASIS.
BY ACCESSING OR USING OUR SERVICES
(DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS
INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO
NOT ACCESS OR USE OUR SERVICES.
Just One Dime (Texas), an S-Corporation owns this Site. We also own or license the services and products available on this Site, the images, text, information, and other content presented on this Site, and all of the related software and technology (collectively, the “Content”). You may not use this Site or copy, modify, adapt, upload, download, transmit, distribute, display, perform, publish, license, create derivative works from, transfer, sell, decompile, or reverse engineer any of the Content except as expressly permitted by these terms and conditions.
This Site and all Content is ©2020, JOD (and/or JOD’s third party product or service providers). “JOD” and other names and designations of “Just One Dime” (Texas), A Corporation Sole”) or any of its products or services referenced on this Site
are each service marks or trademarks (or registered service marks or
trademarks) of JOD (or its affiliates). Other corporate names and other product
or service names or designations referenced on this Site may be the service
marks or trademarks (or registered service marks or trademarks) of their
respective owners. All rights in this Site and the Content are reserved to JOD. If you believe that
any of the Services contain content that infringes on your copyright, please
forward the following information by email to or write to Just One Dime, 8516 Anderson Mill Road Suite 200, Austin TX 78729, and include the following:
A description of the copyrighted work or other intellectual property that you claim has been
infringed, including the URL (internet address) or other specific location on
the Service where the material you claim is infringed is located. Include
enough information to allow us to locate the material, and explain why you
think an infringement has taken place.
Your address,
telephone number, and email address;
A description of
where the alleged infringing material is located;
A statement by you
that you have a good faith belief that the disputed use is not authorized by
you, 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 person authorized to act on behalf of the owner of
the copyright interest.
YOU REPRESENT AND WARRANT THAT YOU
WILL TAKE ALL REASONABLE PRECAUTIONS TO PRESERVE THE CONFIDENTIALITY OF YOUR
PERSONAL LOGIN INFORMATION AND TO PREVENT ITS UNAUTHORIZED USE. YOU ACKNOWLEDGE
AND AGREE THAT YOU WILL BE RESPONSIBLE FOR ALL FEES, CHARGES, DUTIES, TAXES,
AND OTHER AMOUNTS THAT MAY BE IMPOSED WITH RESPECT TO THE USE OF THIS SITE BY
YOU OR BY ANY OTHER PERSON USING YOUR PERSONAL LOGIN INFORMATION.
JOD may at any time,
in its exclusive discretion and without notice, terminate, suspend, or restrict
your access to this Site or any of its components. In particular, and without
limitation, your use of this Site in violation of any of these terms and
conditions herein, as determined by JOD in its sole discretion, may result in
the termination of your JOD membership and/or access to this Site, as well as
the taking of any and all legal action against you. Neither this Site nor
portions of this Site may be marketed, copied, published or transmitted using
mechanical or electronic means, directly or indirectly, for commercial or
private uses. Posting these materials on another website or within a group of
networked computers is not authorized.
Illicit use of this
Site or its materials will violate copyright and intellectual property laws, in
addition to other laws.
Additionally, Site
users and visitors are prohibited from posting offensive or unlawful material,
or any material which causes the possibility of civil liability or criminal
offense. Site users who use any means to submit a file or other materials to
the Site automatically grant JOD permission to treat those materials as public
domain information.
By using the Site, you represent that you are of legal
age to create binding obligations for any financial responsibility which you
incur while using this Site. You will be held financially responsible for any
application of this Site by yourself and any person who uses your login
information.
In order to access and use certain areas or
features of the Services, you may be required to register for an account. If you create an account via our Services,
you agree to: (a) provide accurate, current and complete information; (b)
maintain and promptly update your account information to keep it accurate,
current and complete; (c) maintain the security of your account and accept all
risks of unauthorized access to your account and the information you provide to
us; and (d) immediately notify us if you discover or otherwise suspect any
security breaches related to your account or the Services.
Site users are solely responsible for the security of the User ID and Passwords
used for their online account access. Users are not authorized to establish or
change User IDs or Passwords for accounts which they have not been given
permission to administer. Any damages or losses resulting from shared passwords
or user IDs, or from unauthorized access to another’s account will be the
responsibility of the account owners, and not JOD.
You acknowledge and agree that it would be
extremely difficult to quantify the harm to JOD arising from your use of the
services available on this Site (the “
”) in connection with any
commercial enterprise. Accordingly, you agree that you will be liable to JOD
for liquidated damages in the amount of $500.00 U.S.D. each time you use any of
the Services in connection with a commercial enterprise or for any other use
not expressly permitted by these terms and conditions or otherwise authorized
in writing by an authorized representative of JOD.
Portions of this Site may provide hyperlinks, framing or other “click-thru”
access to sites owned and operated by persons other than JOD (“
”), including without limitation access to the back-end financial and
accounting database used by JOD. The availability of click-through access to
Third-Party Sites is not intended to create or imply any affiliation between
JOD and the owners or operators of any Third-Party Site, or any sponsorship by
JOD of any Third-Party Site or its owners or operators. You acknowledge that
these terms and conditions contain no representation, warranty, or endorsement
by us of any Third-Party Site or any of the products, services, information, or
other content available on that site.
Your use of any
Third-Party Site will be governed by the terms and conditions posted on that
site. Your rights and obligations with respect to any of the products,
services, information, or other content of that site will be determined by
those terms and conditions. The fact that JOD links to another website does not
mean that JOD endorses that website or guarantees any of its products or
services.
Access to certain materials, video and other
course content on the Services is made available for purchase (“Premium
Services”). Your payment for any access
to any Premium Services is subject to the following terms:
The price for any Premium Services will be
made available via the Services at time of purchase. You may pay for access to the Premium
Services in full at the time of your purchase or pursuant to any installment
payment plan that we make available.
If you select an installment payment plan,
you hereby grant Company permission to automatically charge the applicable
Premium Services fee to your designated payment method at the beginning of each
applicable payment period until all payments have been completed. If you select an installment payment plan,
you agree to keep your designated payment method information, including all
billing information, current, complete and accurate.
Only valid payment methods acceptable to us,
or our designated payment processors, may be used to purchase access to our
Premium Services. By submitting your order to purchase access to our Premium
Services, you represent and warrant that you are authorized to use your
designated payment method and authorize us, or our designated payment
processors, to charge your purchase to that method. If your payment method cannot be verified or
is invalid, your order may be suspended or cancelled automatically. You must
resolve any problem we, or our designated payment processors, encounter in
order to proceed with your order.
Just One Dime maintains a no-refund policy, unless the product is advertised as having a “14-day” refund. (“Refund Policy”) For up to 14 days after the date and time you purchased an annual membership called “Amazon FBA Mastery” you may request a refund for the purchase of that product, and a refund will be provided ONLY if you provide a written explanation about why you are requesting a refund. Refunds can only be requested by sending an email to help@justonedime.com. After 14 days has passed, no refunds will be given for the “Amazon FBA Mastery” products. All other purchases made on the Site are final. If you choose to purchase a subscription package on the Site, you agree that absolutely no refunds, either full or partial, will be issued for any reason. You may cancel any subscription program but you agree that cancelling a subscription does not warrant a refund. Once you have requested a refund on a certain product, you cannot repurchase the same product and request a refund on it a second time. Under no circumstances can you cancel and refund the same product more than once.
Other than in connection with our Refund Policy, all sales are final and we do not offer any cancellations for all products and services with the exception of the subscription programs, where you may cancel your membership but no refunds are allowed. If you select an installment payment plan, you will be obligated to complete all installment payments until the product has been paid for in its entirety.
Failure to pay an installment payment related to any of the Services may result in the immediate
suspension or termination of all Services. Upon suspension or termination, you
will no longer be able to access your account and any Services. To maintain
access to your account and all corresponding Services, your account and
payments must be current and in good standing for all programs and Services for
which you have registered. Pursuant to our Refund Policy, if your account is
suspended or terminated for a failure to pay, you will not receive any refund
except at our sole discretion and any scheduled automatic renewals will not
occur.
In the event of an
error that results in an incorrect charge, we reserve the right to correct such
error and revise your order accordingly if necessary (including charging the
correct price) or to cancel the order and refund any erroneous amount
charged. In addition, we may, in lieu of
a refund as provided in this paragraph, opt to provide you with a service
credit, with a value equal to the amount charged to your payment method.
To the fullest extent permitted by law, you agree to
waive all claims against Company related to any unauthorized payments made on
or through your account(s) with Company, Company’s third-party payment
processing vendor(s), any applicable third-party providers, and/or any other
person or entity, regardless of whether they are authorized or unauthorized.
However, you may submit a claim of the unauthorized payment to Company, and
Company will undertake a reasonable investigation as it sees fit under the
circumstances of and, if Company deems appropriate, assist in correcting the
alleged unauthorized payment, provided that such claim (“Unauthorized Payment
Claim”) is received by Company within fifteen (15) days of the subject charge
or payment. Each Unauthorized Payment Claim must be submitted to any one of the
following: By mail: JUST ONE DIME, Attn.: Customer Service, Just One Dime, 8516 Anderson Mill Road Suite 200, Austin TX 78729. By e-mail: hello@justonedime.com, with a
subject line of “Claim Concerning Unauthorized Payment.” For each Unauthorized
Payment Claim, please state “Claim Concerning Unauthorized Payment” in the
e-mail or letter subject line, and clearly state the following in the body:
the date and
approximate time of the subject transaction;
the services
tendered or to be tendered under the subject transaction;
iii. the total monetary amount of the subject transaction;
whether the subject transaction was made on
or though the Site;
whether the subject
transaction was made on or though the App and, if so, the version of the App;
the parties to the subject transaction,
including buyer and seller;
detailed explanation for why you believe the charge or
payment made under the subject transaction is unauthorized;
the monetary amount of the subject transaction you
believe is subject to a refund;
your name, street address, city, state, zip
code, and e-mail address; and
whether you prefer
to receive a response to your request by mail or e-mail.If you send an
Unauthorized Payment Claim by mail, then please do so by U.S. Certified Mail,
Return Receipt Requested to allow for confirmation of mailing, delivery, and
tracking.
Company will not
accept an Unauthorized Payment Claim via telephone or facsimile. Company is not
responsible for any Unauthorized Payment Claim that is incomplete, incorrectly
labeled, incorrectly sent, or untimely.
You represent and warrant to Company that any payment information
you provide on or through the Site and/or the App is current, complete, and
accurate; and that you will promptly notify Company if your payment information
has changed (such as a change in address or expiration date), if your payment
method has been cancelled, or if you become aware of a breach of security
You are responsible for any applicable sales
or use tax, duties, or other governmental taxes or fees payable in connection
with your purchase. If you do not pay such sales or other tax or fee on a
transaction, you will be responsible for such taxes or fees in the event that
they are later determined to be payable on such sale, and Company reserves the
right to collect such taxes or other fees from you at any time.
Certain Services of JOD are ongoing subscriptions (“Subscriptions”). By
enrolling in a Subscription program, you agree that a Subscription fee will be
billed at the price you agreed to when subscribing to the payment you provide
for the then-current Subscription period on a recurring basis until you cancel.
If you do not wish for your account to renewed automatically, or if you want to
change or cancel your Subscription, please email us at hello@justonedime.com.
You must cancel within 30 days of your last payment in order to not be charged
for the next installment. When you cancel your Subscription, you may use your Subscription
until the end of your then-current subscription term and your Subscription will
not be renewed thereafter. You won’t, however, be eligible for a prorated
refund of any portion of the subscription fee paid for the then-current
Subscription period.
Upon payment in
full for a program advertised as “lifetime access,” you will receive access to
the program that you purchased for the duration of the time JOD operates the
Site and your specific program, subject to these Terms. We reserve the right to
discontinue programs and adjust the Site and programs at our sole discretion,
so, where available, be sure to download any material you want to keep, since
you’ll no longer have access to the membership area after access ends. For
Subscription programs, you will only receive access to the Services during the
term of your subscription, subject to the requirement to be in “good standing”
with all other programs and requirements set forth in these terms
Clients that sign up for one-on-one coaching as part of any purchase made through JOD, understand that the one-on-one coaching session is recorded unless they request otherwise. These recording are used for training purposes only and no personal information about your store, products, business goals or strategies will be visible to anyone but Just One Dime staff and the coach being trained. These coaching calls are done through a video service that is capable of recording. The recording of the call will be apparent from the screen that is being viewed by the coach and the client. Some clients may be located in States that require two party consent. By paying for this service, you are expressly agreeing that you understand one-on-one coaching meetings are recorded unless you object to this, and you are made aware of the fact that the one-on-one coaching calls are recorded for training purposes only. JOD reserves the right to record calls in other manners consistent with applicable law.
By enrolling in a Subscription program, you agree that a Subscription fee will be
billed at the price you agreed to when subscribing to the payment you provide
for the then-current Subscription period on a recurring basis until you cancel.
If you do not wish for your account to renewed automatically, or if you want to
change or cancel your Subscription, please email us at hello@justonedime.com.
You must cancel within 30 days of your last payment in order to not be charged
for the next installment. When you cancel your Subscription, you may use your Subscription
until the end of your then-current subscription term and your Subscription will
not be renewed thereafter. You won’t, however, be eligible for a prorated
refund of any portion of the subscription fee paid for the then-current
Subscription period.
In addition, the promotional price will be in effect for 12 months following November 1, 2019. All subscribers that purchase between 11/1/19 and 12/31/19 will begin being charged the full price of $147, on November 1, 2020. Only one promo offer allowed per member.
If any portion of this Site enables
you to download any Content, you may download one (1) copy only of such Content
for use on a single computer (“
”), provided that your
use of the Downloaded Content complies with these terms and conditions. If the
Downloaded Content contains additional terms and conditions, then your use of
that Downloaded content will be governed by the provisions of those additional
terms and conditions, as well as by these terms and conditions. The
installation or use by you of any Downloaded Content that includes additional
terms and conditions will constitute your acceptance of those additional terms
and conditions.
You may not copy,
reproduce, publish, distribute, display, or otherwise transfer, or modify,
adapt, perform, license, sell, or create derivative works from, or decompile,
disassemble, or otherwise reverse engineer, any Downloaded Content, without the
express written consent of the owner of the Downloaded Content. For example,
and without limiting the foregoing, you may not remove or modify any copyright,
trademark, or other proprietary notice displayed on any Downloaded Content, nor
may you transmit or otherwise transfer any Downloaded Content to any other
computer, server, website, or other medium for mass distribution or for use in
any commercial enterprise.
You acknowledge that
certain content, videos and other materials on or made available via the
Services constitute the Confidential Information of Company. “Confidential Information” refers to certain
information that is marked as “Confidential” or “Proprietary” that we
reasonably regard as proprietary or confidential relating our courses,
business, products, processes and techniques, including without limitation
information relating to our trade secrets, business plans, strategies, methods
and/or practices that is not generally known to the public and is disclosed to
you pursuant to your express agreement to maintain the confidentiality of the
Confidential Information.
Except as expressly
allowed herein, you agree to hold in confidence and not disclose any such
Confidential Information except in accordance with this Agreement.
The foregoing
obligations shall not apply to the extent that Confidential Information: (i)
must be disclosed to comply with any requirement of law or order of a court or
administrative body; (ii) is known to or in your or our possession prior to
receiving the disclosure of such Confidential Information as documented by
notes or records; (iii) is known or generally available to the public through
no act or omission of you or us in breach of this Agreement; or (iv) is made
available free of any legal restriction by a third party. The duties and
requirements under this section shall survive termination of this Agreement.
You hereby agree
that any unauthorized disclosure of Company’s Confidential Information may
cause immediate and irreparable injury to Company and that, in the event of
such breach, Company will be entitled, in addition to any other available remedies,
to immediate injunctive and other equitable relief, without bond and without
the necessity of showing actual monetary damages.
You are granted a
limited, non-exclusive right to create a text hyperlink to the Site for
noncommercial purposes, provided such link does not portray Company or the
Services in a false, misleading, derogatory or otherwise defamatory manner and
provided further that the linking website does not contain any illegal material
or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any
time. You may not use a Company logo or other proprietary graphic of Company to
link to the Site without the express written permission of Company. Further,
you may not use, frame or utilize framing techniques to enclose any Company
trademark, logo or other proprietary information, including the images found
within the Services, the content of any text or the layout/design of any page
or form contained within the Services, without Company’s express written
consent. Except as expressly stated in these Terms, you are not conveyed any
right or license by implication, estoppel or otherwise in or under any
intellectual property right of Company or any third party.
With respect to any
design, idea, concept, suggestion, or other information you communicate to JOD,
electronically, telephonically, in writing or otherwise (“
”),
you automatically, and without further action, grant to JOD a royalty-free,
perpetual, irrevocable, non-exclusive, world-wide license to use, reproduce,
publish, display, distribute, transmit, transfer, modify, adapt, perform,
license, sell, create derivative works from, decompile, disassemble, and
reverse engineer that Submission, or any part of that Submission, in whole or
in part, for any purpose, and in any form, medium, or technology. Further, you
acknowledge and agree that Company may, but is not obligated to, enforce its
rights in the User Content and Submissions against third-party infringers. You
represent and warrant that you own and control all of the rights, title and
interest in and to any User Content or Submissions you provide or you otherwise
have all necessary rights to grant the rights to Company that you grant in
these Terms.
You agree not to
post, upload to, transmit, distribute, store, create or otherwise publish or
send through the Services any User Content that:
is unlawful,
libelous, defamatory, obscene, pornographic, harassing, threatening, abusive,
inflammatory, fraudulent or otherwise objectionable;
would constitute,
encourage or provide instructions for a criminal offense, violate the rights of
any party or that would otherwise create liability or violate any local, state,
national or international law;
displays, describes
or encourages usage of any product we sell in a manner that could be offensive,
inappropriate or harmful to Company or any user;
may violate the
publicity, privacy or data protection rights of others, including pictures or
information about another individual where you have not obtained such
individual’s consent;
makes false or
misleading statements, claims or depictions about a person, company, product or
service;
does not clearly and
prominently disclose any material connections you may have to Company or a
third-party brand or seller (for example, if you receive free products or
services or are a paid blogger or employee of Company or such third-party brand
or seller);
may infringe any
patent, trademark, trade secret, copyright or other intellectual or proprietary
right of any party;
impersonates any
person or entity or otherwise misrepresents your affiliation with a person or
entity;
contains viruses,
malware of any kind, corrupted data or other harmful, disruptive or destructive
files or code; and
in the sole judgment
of Company, restricts or inhibits any other person from using or enjoying the
Services or which may expose Company or its users to any harm or liability of
any type.
Company takes no
responsibility and assumes no liability for any User Content posted, stored or
uploaded by you or any third party or for any loss or damage thereto, nor is
Company liable for any mistakes, defamation, slander, libel, omissions,
falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of the Terms is solely in our
discretion and the absence of enforcement of these Terms in some instances does
not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any
private right of action on the part of any third party or any reasonable
expectation or promise that the Services will not contain any content that is
prohibited by these Terms.
Although Company has
no obligation to screen, edit or monitor any of the User Content posted on the
Services, Company reserves the right, and has absolute discretion, to remove,
screen or edit any User Content posted or stored on the Services at any time
and for any reason without notice, and you are solely responsible for creating
backup copies and replacing any User Content you post or store on the Services
at your sole cost and expense.
In addition to other
restrictions within these Terms, JOD expressly prohibits the following conduct
or acts on all websites, online mediums controlled or owned by JOD, in all
forums controlled or owned by JOD.
Furthemore, this conduct may result in the termination of your JOD
membership and/or access to this Site, as well as the taking of any and all
legal action against you.
the impersonation of
any person or entity;
any act that
infringes or otherwise violates the intellectual property, privacy, or
publicity rights of any person or entity (including, without limitation, the
copyrights, trademarks, patents, and trade secrets held by Company or its
licensors with respect to the Site);
the reproduction of the Site, or any data or content
found thereon or therein, in whole or in part, or the creation of any
derivatives works of the foregoing (unless expressly authorized by Company
herein);
the publication of any content that is
objectionable or illegal (including, without limitation, content that is
indecent, obscene, infringing, an invasion of privacy, defamatory, disparaging,
false, deceptive, misleading, untruthful, fraudulent, threatening, or abusive);
the publication of a
person’s or entity’s personal information or private facts without his/her/its
prior written consent;
the publication of any machine, computer, or
randomly generated content;
supplying or publishing any information or statements to
or through the Site that is false, misleading, deceptive, or incorrect;
any act that is critical, negative, disrespectful,
hostile or threatening; (
any act that solicits legal action, or
attempts to solicit other individuals to take legal action;
any act that
constitutes a commercial activity;
any act intended or designed to drive
traffic to or boost the search rankings of third-party websites, networks,
platforms, servers, or applications;
the systematic retrieval or copying of any information
or content found on or through the Site, or any servers which may host the Site
to directly or indirectly create or compile, in whole or in part, a collection,
compilation, database, or directory;
the use of any software, program, process, device,
application, or routine (including, by way of example only, robots, scrapers,
spiders, viruses, spyware, and malware) to monitor, copy, disrupt, damage,
injure, interfere with, or impermissibly access, in whole or in part, the Site,
any servers which may host the Site, or any data or content found thereon or
therein;
any act that involves or concerns decrypting, security
bypassing or circumventing, hacking, data mining, data scraping, data
harvesting, reverse engineering, decompiling, disassembling, attempting to
derive source code, modifying, copying, or the like in relation to the Site, or
any servers which may host the Site;
any act that overloads, unreasonably disrupts, or
unreasonably interferes with the infrastructure of the Site, the App, or any
servers which may host the Site;
any act that gains or attempt to gain unauthorized
access to computer systems, networks, information, or materials through the
Site, or any servers which may host the Site or the App; or
any other act that Company becomes aware of and believes
in good faith is improper, illegal, or harmful to the Site, the Company, or any
servers which may host the Site, any person or entity, or the property of any
person or entity.
Additionally, User
to abide by the following rules:
Do not
Facebook chat, Skype chat, or email Seth Kniep directly or the Just One Dime
coaches or staff with coaching questions, unless you have paid for a Premium
Services that includes that service.
Do not
use any Facebook group controlled by JOD as a feeder or pool from which to
build a separate Facebook group or any other online community that offers the
same or similar services, paid or unpaid. (Doing so will result in immediate
removal from all Facebook groups, cancellation of your account without refund,
and legal action)
Do not post links of other coaching
programs or links leading to competitors to Just One Dime. (Doing so will
result in immediate removal from all Facebook groups, cancellation of your
account without refund, and legal action)
By use of the Site, you are agreeing that
you have read JOD’s privacy policy, the terms of which are expressly
incorporated herein, and have agreed with it. You consent to use of your
personally identifiable information by JOD and/or its third-party providers and
distributors in accordance with the terms of and for the purposes set forth in
the privacy policy.
THIS
SITE AND ITS CONTENTS ARE PROVIDED “AS IS.” JOD DISCLAIMS ANY REPRESENTATION OR
WARRANTY OF ANY KIND REGARDING THIS SITE, ANY OTHER SITE TO WHICH THIS SITE
PROVIDES CLICK-THROUGH ACCESS, INCLUDING THIRD-PARTY SITES, OR THEIR RESPECTIVE
CONTENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JOD DISCLAIMS ANY
IMPLIED REPRESENTATION OR WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
ACCURACY, COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THIS
SITE, ANY SITE TO WHICH THIS SITE PROVIDES CLICK-THROUGH ACCESS, INCLUDING
THIRD-PARTY SITES, OR ANY OF THEIR RESPECTIVE CONTENTS. SOME STATES DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT
APPLY TO YOU.
IN NO EVENT WILL JOD BE LIABLE
UNDER ANY THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR
EQUITABLE THEORY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND ARISING IN
CONNECTION WITH THE USE OF THIS SITE OR ANY SITE TO WHICH WE PROVIDE
CLICK-THROUGH ACCESS, EVEN IF JOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
INJURY, LOSS, OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JOD
WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR
CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH: (1) THE DENIAL OR
INTERRUPTION OF ACCESS TO THIS SITE, ANY SITE TO WHICH JOD PROVIDES
CLICK-THROUGH ACCESS, OR ANY OF THEIR RESPECTIVE COMPONENTS, (2) ANY
INACCURACIES IN ANY OF THE INFORMATION DISPLAYED ON THIS SITE OR ANY SITE TO
WHICH JOD PROVIDES CLICK-THROUGH ACCESS, (3) THE PURCHASE OR USE OF ANY PRODUCT
OR SERVICE PURCHASED ON THIS SITE OR ANY SITE TO WHICH JOD PROVIDES
CLICK-THROUGH ACCESS, INCLUDING ANY DEFECT IN ANY SUCH PRODUCT OR SERVICE, OR
(4) ANY OTHER USE OF THIS SITE, ANY SITE TO WHICH JOD PROVIDES CLICK-THROUGH
ACCESS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES SO THE
FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
JOD and all of JOD’s
subcontractors, freelancers, vendors, out sources, partners, developers and designers
working on behalf of or for JOD cannot control and will not be liable for the
defamatory or otherwise illegal behavior of linked websites, or other internet
users.
If, notwithstanding
the foregoing, JOD or any third-party provider or distributor should be found
liable for any loss or damage which arises out of or is in any way connected
with any of the functions or uses of this Site or its Content, as described
herein, the liability of JOD and the third-party providers and distributors
shall in no event exceed $100.00 U.S.D.
By your use of the Site, you agree to
indemnify JOD as well as its subcontractors, freelancers, vendors, partners,
affiliates, developers, designers, third-party providers and distributors and
their officers, directors, employees and agents from and against any claim,
cause of action or demand, arising from your use of the Site, including without
limitation reasonable legal and accounting fees, brought by or on your behalf
in excess of the liability described herein or by third parties.
Your use of this Site is subject to
applicable United States export controls. You agree not to download, export, or
re-export, directly or indirectly, any Content to any other country to which
the United States has embargoed goods, to any national or resident of any such
country, to anyone on the United States Treasury Department's list of Specially
Designated Nationals, or to anyone on the United States Commerce Department's
Table of Denial Orders. You represent and warrant that you are not located in,
under the control of, or a national or resident of any of the countries, and
you are not identified on any of the lists, described in this paragraph.
These terms and conditions
will be governed by and construed in accordance with the laws of the State of
Texas, without giving effect to the principles of conflicts of law. In the
event of a dispute arising out of or in connection with or with respect to
these terms and conditions, any breach of these terms and conditions, and/or
use of this Site, you hereby irrevocably agree that such dispute shall be
resolved by binding arbitration by a single arbitrator in Harris County, Texas
in accordance with the rules of the American Arbitration Association (“
”).
The award rendered thereon by the arbitrator shall be final and binding on the
parties thereto. Notwithstanding the
foregoing, JOD may, but shall not be obligated to, raise an action against you
for violation of these terms and conditions in the state or federal courts
located in Houston, Texas if the total damages sought are less than $10,000.00.
You
and JOD agree that any dispute arising out of or related to these Terms or the
Services is personal to you and Company and that such dispute will be resolved
solely through individual arbitration and will not be brought as a class
arbitration, class action or any other type of representative proceeding. You
and Company agree that there will be no class arbitration or arbitration in
which an individual attempts to resolve a dispute as a representative of
another individual or group of individuals. Further, you and Company agree that
a dispute cannot be brought as a class or other type of representative action,
whether within or outside of arbitration, or on behalf of any other individual
or group of individuals.
(1) You may not
assign, transfer, subcontract, or delegate any of your rights, duties, or
obligations under these terms and conditions. (2) JOD reserves all rights
relating to this Site or the Content not expressly granted to JOD by these
terms and conditions. (3) If any provision of these terms and conditions is
determined to be invalid or unenforceable, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and will not affect the
validity or enforceability of any of the remaining provisions of these terms and
conditions. (4) No waiver by JOD of any provision hereof, and no failure by JOD
to exercise any of its rights or remedies hereunder, will be deemed to
constitute a waiver of such provision, right, or remedy in the future, or of
any other provision, right, or remedy hereunder, unless such waiver is set
forth in a written instrument signed by the Chief Executive Officer of JOD. (5)
JOD may at any time, in its exclusive discretion and without notice, make
additions, deletions, or other modifications to, or suspend or terminate access
to, this Site or any other Content. (6) The headings used in these terms and
conditions are for convenience only and will in no way affect the scope or
construction of any provision hereof.
You acknowledge that
your use of this Site constitutes your acceptance of and agreement to abide by
these terms and conditions. These terms and conditions may be modified by JOD
at any time, without prior notice, upon posting of the entire amended and
restated terms and conditions on this Site. Your continued use of this Site
following any such modification will constitute your acceptance of such
modifications.
These terms and conditions, as modified
from time to time by JOD and accepted by you in accordance with the provisions
of the preceding paragraph, constitute the entire agreement between you and JOD
with respect to your use of this Site and the Content. In any proceeding to
settle a dispute between you and JOD regarding your use of this Site or the
Content or regarding these terms and conditions, as modified, if applicable, a
printed version of these terms and conditions, as modified, if applicable, and
of any electronic notice given by us to you, will be admissible to the same
extent as other documents and communications originally generated or maintained
in printed form.