Welcome to Jellison Technologies. We’re glad you’re here but let’s discuss our rules.
Table of Contents:
- Accepting these Terms
- Your Privacy
- Your Account with Jellison Technologies
- Your Content
- Use of our Services
- Warranties and Limitation of Liability
- Disputes with Other Users
- Disputes with Jellison Technologies
- Changes to the Terms
- Contact Information
1. Accepting these Terms
The Terms are a legally binding contract between you and Jellison Technologies. This contract sets out your rights and responsibilities when you use the services provided by Jellison Technologies (we’ll refer to our website, mobile apps and other services as our “Services”), so please read it carefully. By using any of our Services (even just browsing our website), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. Make sense? Awesome! Let’s continue.
2. Your Privacy
We know your personal information is important to you, and it’s important to us. We may use technologies such as cookies, log files, and flash cookies for several purposes (including to help understand how you interact with our site and services) in order to provide a better experience. Depending on which services you choose to use, Jellison Technologies may require additional information to provide the service, such as name, billing, and [delete “and”] payment information (including billing address, telephone number, credit card information), and/or a physical postal address.
We will not sell or disclose your personal information to third parties without your consent, except as specified by law.
3. Your Account with Jellison Technologies
You’ll need to create an account with Jellison Technologies to use some of our Services. Here are a few rules about accounts with Jellison Technologies:
- You must be 18 or older to use our Services.
- Be honest with us. Provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.
- Choose a nice username. A username that is offensive, vulgar, or infringes someone’s intellectual property rights violates the Terms. Such accounts will be terminated at the discretion of Jellison Technologies. Accounts that violate our agreement will forfeit any/all funds paid.
- You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
- Protect your password. See above. This is very important.
- These Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and Jellison Technologies.
4. Your Content
Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it.
- You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
- By posting Your Content, you grant Jellison Technologies a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote Jellison Technologies, or the Services in general, in any formats and through any channels, including across any Jellison Technologies Services or third-party website or advertising medium. That sounds like a lot, but it’s necessary. Consider these examples: if you upload a photo, first, we have permission to display it, and second, we can resize it so it looks good on our mobile website; if you post a question in English, we can translate it into Spanish; and if you post a beautiful photo of your latest product, we can feature it on our homepage, in one of our blogs, or even on a billboard to help promote your business and ours.
- By posting Your Content, you grant Jellison Technologies a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote Jellison Technologies, or the Services in general, in any formats and through any channels, including across any Jellison Technologies Services or third-party website or advertising medium. That sounds like a lot, but it’s necessary. Consider these examples: if you upload a photo, first, we have permission to display it, and second, we can resize it so it looks good on our mobile website; if you post a question in English, we can translate it into Spanish; and if you post a beautiful photo of your latest product, we can feature it on our homepage, in one of our blogs or even on a billboard to help promote your business and ours.
- Jellison Technologies has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us immediately. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.
- No inappropriate, false or misleading content. This should be common sense, but there are certain types of content we don’t want posted on Jellison Technologies’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
5. Your Use of Our Services
Use of Our Services are subject to account approval by Jellison Technologies. Purchasing a service does not guarantee account approval.
- You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that you require; you may not sell anything that violates any laws; and don’t commit fraud, theft, or any other crimes against Jellison Technologies, another Jellison Technologies user, or a third party.
- You are responsible for paying all fees that you owe to Jellison Technologies. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. All services that require payment will not be fulfilled until payment has been received. Any service provided by Jellison Technologies can be revoked at anytime if any financial obligation is incurred and not properly fulfilled by the party requesting that service.
- You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
- You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
- The name “Jellison Technologies,” and the other Jellison Technologies marks, phrases, logos and designs that we use in connection with our Services, are trademarks, service marks or trade dress of Jellison Technologies in the U.S. and other countries. If you’d like to use our trademarks, please contact us to discuss use.
- We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Jellison Technologies (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- By using our Services, you’re agreeing to receive our communication electronically. We can send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
We hate to see you go, but you may terminate your account with Jellison Technologies at any time by contacting us. Terminating your account may affect the availability of some of Your Content that you posted through the Services prior to termination. Oh, and you’ll still have to pay any outstanding bills.
We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services. Jellison Technologies may refuse service to anyone, at any time, for any reason.
If you or Jellison Technologies terminate your account, you may lose any information associated with your account, including Your Content. You will still have to pay any outstanding bills, and you may forfeit any/all fees paid to Jellison Technologies for Our Services.
Jellison Technologies reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
7. Warranties and Limitation of Liability
You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Jellison Technologies is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services.
We are expressly disclaiming any warranties of title, non-infringement, merchantability,and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
To the fullest extent permitted by law, neither Jellison Technologies, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms.
You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
Jellison Technologies is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.
We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
To the fullest extent permitted by law, neither Jellison Technologies, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms. In no event shall Jellison Technologies’s aggregate liability for any damages exceed the greater of one hundred US dollars ($100) or the amount you paid Jellison Technologies in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
We hope this never happens, but if Jellison Technologies gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Jellison Technologies (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
9. Disputes with Other Users
If you find yourself in a dispute with another user of Jellison Technologies’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
You release Jellison Technologies from any claims, demands, and damages arising out of disputes with other users or parties.
10. Disputes with Jellison Technologies
If you’re upset with us, let us know. We will work with you to resolve the issue. But if we can’t, then these rules will govern any legal dispute:
- Terms are governed by the laws of the State of Maine, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live.
- You and Jellison Technologies agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Jellison Technologies are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
- We’re based in Skowhegan, Maine, so any legal action against Jellison Technologies related to our Services must be filed and take place in Skowhegan. That means the seat of any arbitration shall be Skowhegan. For any actions not subject to arbitration, you and Jellison Technologies agree to submit to the personal jurisdiction of a state court located in Somerset County, Maine or the United States District Court for the District of Maine.
If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York.
11. Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
12. Contact Information
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Jellison Technologies regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
If you have any questions about the Terms, please contact us.