Last updated: December 8, 2018
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.
These Terms of Service (“Terms”) apply when you access or use the websites and online forums (collectively, the “Site”) of Just One Dime (“Company,” “JOD,” “we,” “us” or “our”), our mobile applications, other online locations operated or owned by JOD (including but not limited to private facebook groups) and the services, content and materials made available via the Site or mobile applications (collectively, the “Services”). The online locations or services may include discussion forums, blogs, profiles, or other interactive features or areas (collectively, “Interactive Areas”), in which you or other users create, post, transmit or store any content on the Services, such as text, photos, video or graphics (“User Content”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Company for products, services or otherwise.
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 ©2018, 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 JODIf you believe that any of the Services contain content that infringes on your copyright, please forward the following information by email to firstname.lastname@example.org or write to Just One Dime, PO Box 1123, Pflugerville, TX 78691 and include the following:
a. 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.
b. Your address, telephone number, and email address;
c. A description of where the alleged infringing material is located;
d. 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;
e. 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
f. 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 “Services”) 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 (“Third-Party Sites”), 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 “30-day” refund. (“Refund Policy”) For up to 30 days after the date and time you purchased an annual membership called “A to Z” or “Pro” 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 email@example.com. After 30 days has passed, no refunds will be given for the “A to Z” or “Pro” 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.
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, PO Box 1123, Pflugerville, TX 78691. By e-mail: firstname.lastname@example.org, 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:
i. the date and approximate time of the subject transaction;
ii. the services tendered or to be tendered under the subject transaction;
iii. the total monetary amount of the subject transaction;
iv. whether the subject transaction was made on or though the Site;
v. whether the subject transaction was made on or though the App and, if so, the version of the App;
vi. the parties to the subject transaction, including buyer and seller;
vii. detailed explanation for why you believe the charge or payment made under the subject transaction is unauthorized;
viii. the monetary amount of the subject transaction you believe is subject to a refund;
ix. your name, street address, city, state, zip code, and e-mail address; and
x. 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 email@example.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.
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 (“Downloaded Content”), 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 (“Submissions”), 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:
a. is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
b. 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;
c. 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;
d. 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;
e. makes false or misleading statements, claims or depictions about a person, company, product or service;
f. 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);
g. may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
h. impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
i. contains viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and
j. 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.
i. the impersonation of any person or entity;
ii. 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);
iii. 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);
iv. 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);
v. the publication of a person’s or entity’s personal information or private facts without his/her/its prior written consent;
vi. the publication of any machine, computer, or randomly generated content;
vii. supplying or publishing any information or statements to or through the Site that is false, misleading, deceptive, or incorrect;
viii. any act that is critical, negative, disrespectful, hostile or threatening; (Any online posts deemed as critical, negative, or disrespectful, hostile, or threatening, to any person or leader within the online forum or Facebook group will be removed and a warning email sent. Continued activity of this nature will result in your account being canceled, you being removed from all facebook groups, and no refund given.)
ix. any act that solicits legal action, or attempts to solicit other individuals to take legal action;
x. any act that constitutes a commercial activity;
xi. any act intended or designed to drive traffic to or boost the search rankings of third-party websites, networks, platforms, servers, or applications;
xii. 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;
xiii. 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;
xiv. 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;
xv. 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;
xvi. 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
xvii. 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:
i. 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.
ii. 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)
iii. 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)
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 (“AAA”). 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.