This Internet Website (“Website”) is provided by Jist Enterprises, LLC. Your use of this Website and Jist Enterprises products (“Jist Enterprises Products”) offered through this Website is subject to the following terms and conditions. If you do not agree to the terms stated below, please immediately log off this Website. By your continued access or use of the Website or Jist Enterprises Products offered through the Website, you agree to be legally bound by the terms and conditions set forth herein.
USE OF THIS Website
The Website and Jist Enterprises Products are subject to United States, as well as applicable international copyright law. The Website and Jist Enterprises Products are owned by Jist Enterprises, LLC. Without Jist Enterprises’ prior written permission, or as specifically provided herein, you may not reproduce, distribute, modify, display, prepare derivative works based on, repost or otherwise use the content of this Website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right. Any other copying, redistribution, publication, or retransmission of any portion of Website material or the Jist Enterprises Products is strictly prohibited without the express written permission of Jist Enterprises. No right, title, or interest to any trademarks or trade names of Jist Enterprises or its licensors is granted to you.
If you are an owner of intellectual property who believes their intellectual property has been improperly posted or distributed via this Website, please notify Jist Enterprises immediately at the following address:
Jist Enterprises, LLC
231 North Avenue West #151
Westfield, NJ 07090
Attention: Legal Department.
YOUR COMMUNICATIONS TO AND THROUGH THIS Website
Jist Enterprises reserves the right, but shall have no obligation, to monitor communications or materials you transmit to, through or post on the Website, and reserves the right to suspend, delete or withhold any communications or materials and to terminate your access to and use of this Website, at any time and for any reason (including for violation of these Terms and Conditions or for any unlawful or improper conduct.) By using this Website, you consent to Jist Enterprises’ access of your account and other records for, among other purposes, maintenance, or the investigation of complaints or allegations of misuse or misconduct. You further agree that Jist Enterprises need not provide any notice to you, either before or after such access, except as required by law. By using the Website, including by posting or uploading any materials or communications to chat rooms, communities, bulletin boards, or by creating and posting any electronic greeting card (“EGC”) or sending e-mail notification of an EGC, you agree not to use unlawful, immoral, scandalous or obscene names, graphics, images, photos, or language. You further agree that in creating and posting EGCs and sending electronic mail (email) notifications and invitations from or through the Website, you shall only use valid personal names and email addresses and that you will send email notifications and invitations only to people or entities with whom you are personally acquainted and who have all necessary rights to receive the notifications and to access the EGC. You further agree that you will not use any of the services or functions provided by the Website to “spam” or otherwise send multiple, unwanted email notifications or invitations to any person, and that you will use the Website in a responsible manner.
All online storage services provided on this Website for end user content (“End User Content”) may be changed, modified or discontinued at any time for any reason without notice at Jist Enterprises’ sole discretion.
DISCLAIMER AND LIMITED LIABILITY
This Website, including materials accessed from or through it, including the Jist Enterprises Products may include technical inaccuracies or other errors. Your use and browsing of the Website and the Jist Enterprises Products are at your risk. Neither Jist Enterprises nor any other party involved in creating, producing, or delivering the Website or the Jist Enterprises Products shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Website or Jist Enterprises Products. Jist Enterprises does not warrant that the functional aspects of the Website or Jist Enterprises Products will be uninterrupted or error free or that this Website or the server that makes it available are free of viruses or other harmful components. Jist Enterprises neither warrants nor represents that your use of materials displayed on the Website or the Jist Enterprises Products will not infringe rights of third parties not owned by or affiliated with Jist Enterprises. Jist Enterprises may make available to you certain data storage capacity (such as for web pages); Jist Enterprises makes no representation or warranty as to, and may modify, with or without notice, at any time and for any reason, the quality or quantity of storage made available and shall have no liability for any loss of, destruction or damage to any data that you attempt to transmit, upload, or that you or any other person attempts to access or download from Jist Enterprises’ data storage facility. All such data transfer and storage shall be at your own risk, and you shall be solely responsible for all loss or damage to your data. You also understand that Jist Enterprises cannot and does not guarantee or warrant that the Jist Enterprises Products or the Website, files or software of any kind, or from any source, available for downloading through the Website, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of lost data. You understand that, except for information, products, or services clearly identified as being supplied by Jist Enterprises, Jist Enterprises does not operate, control or endorse any information, products, or services on the Website in any way. Except for Jist Enterprises identified information, products or services, any other information, products and services offered on the Website are offered by third parties that are not affiliated with Jist Enterprises. Jist Enterprises may allow you to link from the Website to third party sites from which you may purchase goods or and services. Any transaction you enter with such a third party shall be between you and that third party; Jist Enterprises shall have no liability for any transaction you enter with a third party accessed through the Website. Jist Enterprises makes no representations or warranties regarding the creation or content of EGCs you post or the delivery of EGC notification emails sent via the Website, including the accuracy of sender identity or recipient notification. Without limiting the foregoing, everything on the Website and the Jist Enterprises Products are provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Jist Enterprises reserves the right to make changes to this Website or the Jist Enterprises Products at any time without notice. Jist Enterprises may cancel, change, modify, discontinue, terminate, or charge a fee at any time for any reason for the online services or products available in conjunction with this Website or the Jist Enterprises Products without notice at Jist Enterprises’ sole discretion. IN NO EVENT WILL JIST ENTERPRISES OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, COVER, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE Website OR JIST ENTERPRISES PRODUCTS, INCLUDING, WITHOUT LIMITATION, DAMAGES OR RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, TIME OR COMPUTER PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES UNDER ANY THEORY OF LIABILITY. IN NO EVENT WILL JIST ENTERPRISES’ AND ITS SUPPLIERS’ AND LICENSORS’ LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE USE OF THE Website REGARDLESS OF THE FORM OF THE CLAIM (INCLUDING, WITHOUT LIMITATION, ANY CONTRACT, PRODUCT LIABILITY, OR TORT CLAIM). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. AMENDMENTS ARE PERIODICALLY MADE TO THE INFORMATION CONTAINED HEREIN AND THE PRODUCTS; THESE AMENDMENTS WILL BE INCORPORATED INTO THE Website AND/OR THE PRODUCTS AND JIST ENTERPRISES MAY MAKE IMPROVEMENTS AND/OR SAID AMENDMENTS TO THE Website AND THE PRODUCTS AT ANY TIME. ANY AND ALL PORTIONS OF THIS DISCLAIMER SHALL AUTOMATICALLY APPLY TO ALL IMPROVEMENTS AND/OR AMENDMENTS AS THEY APPEAR ON THE Website AND/OR THE PRODUCTS. JIST ENTERPRISES DOES NOT WARRANT THAT THE Website AND ACCESS TO THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE Website OR THE PRODUCTS WILL BE CORRECTED. If you are dissatisfied with the Website or the Jist Enterprises Products or with any terms, conditions, rules, policies, guidelines or practices of using the Products or of Jist Enterprises in operating the Website, your sole remedy is to discontinue using the Website and the Products.
Jist Enterprises has not reviewed all of the Websites linked to this Website and is not responsible for the content of any off-site pages or any other sites linked to this Website. The inclusion of any link to such sites does not imply endorsement by Jist Enterprises of the sites. Your linking to any other off-site pages or other sites is at your own risk.
Jist Enterprises may revise these Terms & Conditions from time to time by updating or revising this posting, with the revised terms taking effect as of the date of its posting. You agree to periodically review this Agreement and be bound by any such future modifications. Jist Enterprises controls and operates this Website from its offices in Westfield, New Jesery, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this Website from other locations you are responsible for compliance with applicable local laws. Jist Enterprises products are available in many parts of the world. However, this Website may describe products that are not available worldwide. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to this Website must be commenced within one year after the claim, cause of action arises, or such claim or cause of action is barred. These terms will be governed by and construed in accordance with the laws of the State of New Jersey, United States of America without regard to its conflicts of law provisions. Any legal action arising from your use of this Website shall take place in a court located in New Jersey. By your use of this Website you consent to the personal jurisdiction of such courts.
©2006 Jist Enterprises, LLC. All Rights Reserved.
Last revised: December 28, 2006.