Terms and Conditions
PLEASE NOTE THESE IMPORTANT TERMS YOU AGREE TO:
- NO REFUNDS (#4)
- We are NOT responsible for any affects from ads created through this service. (#10)
- You agree to BARR SETTLEMENTS. (#18)
These terms and conditions govern your use of our website/mobile app; by using our website/mobile app, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website/mobile app.
You must be at least 18 years of age to use our website/mobile app. By using our website/mobile app you warrant and represent that you are at least 18 years of age.
(2) License to use website/mobile app
Unless otherwise stated, we or our licensors own the intellectual property rights in the website/mobile app and material on the website/mobile app. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website/mobile app for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
(a) republish material from this website/mobile app;
(b) sell, rent or sub-license material from the website/mobile app;
(c) show any material from the website/mobile app in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website/mobile app for a commercial purpose;
(e) edit or otherwise modify any material on the website/mobile app; or
(f) redistribute material from this website/mobile app, except for content specifically and expressly made available for redistribution such as our newsletter.
(3) Acceptable use
You must not use our website/mobile app in any way that causes, or may cause, damage to the website/mobile app or impairment of the availability or accessibility of the website/mobile app; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website/mobile app to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to our website/mobile app without our express written consent.
You must not use our website/mobile app to transmit or send unsolicited commercial communications.
You must not use our website/mobile app for any purposes related to marketing without our express written consent.
(4) No Refunds.
REFUNDS WILL NOT BE PROVIDED FOR ANY SUBSCRIPTION OR SERVICE. WE DO NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED MID-TERM.
We may issue you credits redeemable for the services we offer ("Credits"). Credits may only be redeemed on the Service, have no cash value, are non-transferrable and non-refundable. CREDITS ARE VALID FOR ONE YEAR FROM THE TIME OF PURCHASE OR RECEIPT. Credits expire immediately upon the cancellation or termination of your membership unless used prior to cancellation or termination.
(6) Restricted access
Access to certain areas of our website/mobile app is restricted. We reserve the right to restrict access to other areas of our website/mobile app, or indeed our whole website/mobile app, at our discretion.
If we provide you with a user ID and password, time-sensitive custom login link, or SMS code to enable you to access restricted areas of our website/mobile app or other content or services, you must ensure that information is kept confidential.
We may disable your user ID and password in our sole discretion without notice or explanation.
(7) User generated content
In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website/mobile app, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party in each case under any applicable law.
You must not submit any user content to the website/mobile app that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website/mobile app, or stored on our servers, or hosted or published upon our website/mobile app.
Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website/mobile app.
(8) Limited warranties
We do not warrant the completeness or accuracy of the information published on this website/mobile app; nor do we commit to ensuring that the website/mobile app remains available or that the material on the website/mobile app is kept up to date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website/mobile app and the use of this website/mobile app including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill.
(9) Limitations and exclusions of liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract and/or in tort.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
(11) Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website/mobile app, prohibiting you from accessing the website/mobile app, blocking computers using your IP address from accessing the website/mobile app, contacting your internet service provider to request that they block your access to the website/mobile app and/or bringing court proceedings against you.
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website/mobile app from the date of the publication of the revised terms and conditions on our website/mobile app. Please check this page regularly to ensure you are familiar with the current version.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(15) Exclusion of third-party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
(16) Entire agreement
(17) Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with State of New York, and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of the State of New York.
(18) No "Nuisance Suits"; Barring Of Settlements.
You agree to bar all settlements in the event of any dispute. Thus, no settlement or proposed settlement between you and us will be enforceable by an arbitrator or court. You acknowledge that the legal system makes the cost to file a suit relatively low, compared to the high cost of defending against a "nuisance suit". Thus, you agree to bar all settlements as a method to remove the incentive for "nuisance suits", and in order to induce us to provide use of the website/mobile app at low cost.
(19) Copyright Agent
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Operator actual knowledge of facts or circumstances from which infringing material or acts are evident. Operator's copyright agent for notice of claims of copyright infringement can be reached as follows:
Name: Jumping Ahead Copyright Agent
Address: 4281 Express Lane, Suite L7283, Sarasota, FL 34238
Email: copyright [at] jumpingahead.com
We suggest that you consult your legal advisor before filing a notice with Operator's copyright agent. You should note that there can be penalties for false claims under the DMCA. Operator will, in appropriate circumstances and to the extent plausible, terminate the right of Visitors or Registrants who infringe the rights of copyright holders to interact with certain portions of the Website.
(20) Our details
If you have any questions or concerns regarding the Website, please contact us by e-mail at info [at] jumpingahead.com or write to us at Jumping Ahead, Inc., Attn: Customer Support, 4281 Express Lane, Suite L7283, Sarasota, FL 34238
You can contact us by email to info [at] jumpingahead.com.