Terms of Use
Effective Date: September 17, 2019
These terms of use ("Terms of Use") govern the use of web sites operated by Jenzabar, Inc. ("Jenzabar", "We", "Us", or "Our"), including, without limitation, jenzabar.com, jenzabar1.com, jenzabarone.com, and myjenzabar.net (the “Sites”). Please read these terms of use ("Terms of Use") carefully before using the Sites. THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITES AND THE RELATED SERVICES, FEATURES, AND CONTENT OFFERED, OR ANY PURCHASES YOU MAKE VIA THE SITES.
These Terms of Use apply to all users of the Sites, including, without limitation, users who are contributors of content, information and other materials on the Sites. Your access and use of the Sites will be subject to the version of the Terms of Use posted on the Sites at the time of use. If you do not agree with the Terms of Use, then you do not have the right to access, view, download or otherwise use the Sites and, accordingly, you should not do so.
We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going–forward basis. It is your responsibility to check these Terms of Use for changes prior to your use of the Sites, and in any event your continued use of the Sites following the posting of changes to these Terms of Use constitutes your acceptance of any changes.
PRIVACY
Any personal information collected on a Site will be treated in accordance with the Privacy Policy located at jenzabar.com/privacy-policy.
ACCOUNTS
To register an account on a Site, you must have a unique user name and password and provide Jenzabar with accurate, complete, and up-to-date information. Failure to provide accurate information constitutes a breach of these Terms of Use, which may result in immediate termination of your right to access the Sites.
You may not select a user name that impersonates someone else, is intended to disguise the user's identity, is or may be illegal, may be protected by trademark or other proprietary rights, is vulgar or offensive, or may cause confusion. Jenzabar reserves the right to reject any user name in our sole discretion. You agree (1) not to share your password(s), account information, or access to the Sites, and (2) that you are responsible for maintaining the confidentiality of password(s) and account information and for all activities that occur under your password(s) or account(s) or as a result of your access to the Sites. You agree to immediately notify Jenzabar of any unauthorized use of your account, or any other breach of security. Jenzabar will not be liable for any loss you incur as a result of someone else using your password and account with or without your permission.
USER CONTENT
We welcome user comments, information and submissions. In addition, you and other users of the Sites from time to time may have an opportunity to post on the Sites certain ideas, concepts, information, data, text, messages, comments on our products, advertising and other promotional materials or events, facts, advice, "tips", opinions and other material (collectively, "User Content"). Subject to our Privacy Policy, all User Content that you post on the Sites will be treated as non–confidential and non–proprietary to you and may be viewed by you and/or other users of this Sites.
We cannot guarantee that other users will not copy, modify, distribute or otherwise use the User Content that you share. Therefore, if you have an idea or information that you would like to keep confidential, and/or do not want others to use, do not post it on the Sites. We are not responsible for any user’s misuse or misappropriation of any User Content you post on the Sites.
By posting User Content in or otherwise using any communications service or other interactive service that may be available to you on or through the Sites from time to time, you represent and warrant that: (i) you are the sole responsible person and/or entity from which such User Content originated; (ii) you own such User Content, or have all legal rights necessary to publish such content on the Sites; and (iii) the publishing of the User Content on the Sites will not violate the intellectual property rights or any other rights of any third party. Moreover, you agree not to access or use the Sites for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Sites.
OUR RIGHT TO USE USER CONTENT
You do not have to submit anything to us. By submitting, sending, posting, uploading, modifying or otherwise providing information, material, or any other communication to us including User Content, whether solicited or unsolicited, you grant us and our designees the royalty–free, fully paid, unrestricted, worldwide, perpetual, irrevocable, non–exclusive, and fully transferable, assignable, sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, perform, or display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, advertising and promotional purposes, reproduction, transmission, publication, broadcast and posting without any further consent by you or notice, credit and/or compensation to you or any third parties. We are free to use any ideas, concepts, know–how, or techniques contained in any User Content you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you. We and our designees may use or otherwise transfer, remove or dispose of any and all User Content without restriction and users of the Sites shall not be entitled to any compensation whatsoever for any such use, transfer or disposition of User Content by us.
REVIEW OF SUBMISSIONS
We have no obligation to verify the identity of any users when they are connected to the Sites or to supervise the User Content that has been provided by users. You acknowledge that we may or may not prescreen, monitor, review, edit or delete the User Content posted by you and other users on the Sites. We and our designees retain the right to modify, move, refuse, block, or remove any User Content, in whole or in part, for any reason or no reason, with or without notice. We and our designees also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, users of the Sites and the public. In any case, we are not responsible or liable for damages of any kind arising from any failure, non–failure, or delay in removing such User Content even when we are advised of the possibility of such damages.
INTELLECTUAL PROPERTY RIGHTS
The Sites, and all of the contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphics and button icons, excluding User Content (collectively "Jenzabar Material"), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Jenzabar Material is owned or licensed to Jenzabar.
Jenzabar grants you a personal, non-assignable license to use Jenzabar Material for your own internal use. Jenzabar authorizes you to display on your computer, download, play, and print the Jenzabar Material provided: (a) the copyright notice is not removed, (b) Jenzabar Material is not be altered, (c) Jenzabar Material is used only in connection with use or evaluation of Jenzabar products and services, (d) you do not further redistribute or copy Jenzabar Material, and (e) you comply with these Terms of Use and any additional contracts between yourself and Jenzabar.
Except as otherwise provided in these Terms of Use, without our express prior written permission you agree that you shall not use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify the Jenzabar Material or any portion thereof, for any purpose or by any means, method, or process now known or later developed. Modification of the materials appearing on the Sites or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.
RULES OF CONDUCT
Your use of the Sites is subject to all applicable laws and regulations, and you agree not to violate such laws and regulations. Any attempt to deliberately damage the Sites or Jenzabar Material is a violation of criminal and civil laws. Jenzabar reserves the right to seek damages from any such person to the fullest extent permitted by law. In addition, you agree not to post or transmit through the Sites any material or content that violates or infringes in any way the rights of others or solicits, encourages, or promotes the use of illegal substances or activities; which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability, or otherwise could violate any applicable law.
You may not engage in any activity on a Site that restricts or inhibits any other user from using or enjoying such Site or Jenzabar Material, whether by "hacking," "cracking," "spoofing," or defacing any portions of the Sites. You agree not to attempt to gain unauthorized access to any parts of the Sites or any user accounts, computer systems, or networks. Access to and use of password-protected or secure areas of a Site is restricted to authorized users only. You agree not to access or use a Site in any manner that could damage, disable, overburden, or impair (or interfere or attempt to interfere with the proper working of) any user accounts, Jenzabar computer systems, or Jenzabar’s networks.
You may not post or transmit through a Site any advertising or commercial solicitations; promotional materials relating to services that are competitive with Jenzabar; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other potentially harmful or disruptive components; political campaign materials; chain letters; mass mailings; or spam mail. You may not use any robot, spider, site scraper, or other automatic device or process to retrieve, index, "data mine," or otherwise access Jenzabar Material. You may not harvest, collect, or use information about the Sites visitors.
TERMINATION
Jenzabar may at any time, and without prior notice, limit or terminate your ability to access any or all of the Sites or Jenzabar Material if: (1) in Jenzabar 's sole judgment, you breach any provision of the Terms of Use or any other contract between you and Jenzabar (or have acted in manner which demonstrates that you intend to breach, or are unable to comply); (2) Jenzabar is required by law to terminate; (3) Jenzabar no longer provides access to Sites or Jenzabar Material to users in the country in which you are resident or from which you access the Sites or Jenzabar Material; or (4) your relationship with Jenzabar changes in a way that affects the Sites or Jenzabar Material you are entitled to access.
CLAIMS REGARDING COPYRIGHT INFRINGEMENT
If you are a copyright owner or an agent thereof and believe that any User Content or other content on a Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Agent (as defined by the DMCA) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and, if available, your email address;
- A 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; and
- A statement, under penalty of perjury, that the information in the above notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.
Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted in writing to the Designated Agent for this Site. Contact information for the Designated Agent may be found at the U.S. Copyright Office’s Directory of Service Provider Agents for Notification of Claims of Infringement, and is provided below:
Jenzabar, Inc.
Irene Porokhova
101 Huntington Avenue
Boston, MA 02199
Email: Irene.Porokhova@jenzabar.com
THIRD-PARTY WEBSITES AND LINKS
You may be able to link to third-party websites, services or resources on the Internet from the Sites (collectively, "Linked Sites"). We are not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein, and our inclusion of links to the Linked Sites on the Sites does not imply that we endorse or approve of any materials contained on, or accessible through, the Linked Sites. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.
ADVERTISEMENTS, SPONSORSHIPS, CO–PROMOTIONS AND OTHER PARTNERSHIPS
We may display advertisements for the products and services of a third-party on the Sites, including in connection with co–promotions, sponsorships and other similar partnership arrangements. We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such advertised products or services.
DISCLAIMER
VISITORS TO THE SITES AGREE THAT THEIR USE OF, AND RELIANCE ON ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH, THE SITE IS AT THEIR OWN SOLE RISK. THE SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE (INCLUDING OUR AFFILIATES, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES) SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE CONTENT OF THE SITES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON–INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. WE ALSO MAKE NO REPRESENTATIONS AND WARRANTIES AS TO ANY LINKED SITES AND WE HAVE NO LIABILITY OR RESPONSIBILITY WITH RESPECT TO YOUR USE OF SUCH SITES. IN SOME INSTANCES, CONTENT MADE AVAILABLE ON THE SITES MAY REPRESENT THE OPINIONS AND JUDGMENTS OF PROVIDERS OR USERS, SUCH AS USER CONTENT. WE AND OUR AFFILIATES DO NOT ENDORSE NOR SHALL WE OR THEY BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON THE SITE BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEES ACTING IN SUCH CAPACITY.
WE DO NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE SITES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR–FREE.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE MATERIALS AVAILABLE ON THE SITES.
WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF ANY PERSON SUBSCRIBING OR USING THE SITES. THEREFORE, WE DECLINE ALL LIABILITY WHATSOEVER FOR IDENTITY THEFT OR ANY MISUSE OF YOUR IDENTITY OR INFORMATION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
INDEMNIFICATION
By using the Sites, you agree to defend, indemnify, and hold Jenzabar, its subsidiaries and affiliates, and each of their respective officers, directors, employees, contractors and suppliers harmless from any and all claims, liabilities, damages, losses, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising in any way from or in connection with your use of the Sites or any service available on or through the Sites, the uploading, posting, e–mailing, or transmission of any User Content or other materials by you or users authorized by you, or any violation by you of these Terms of Use, our Privacy Policy or any other policy posted from time to time on the Sites applicable to your use of the Sites. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses.
LIMITATION OF LIABILITY
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, IN NO EVENT WILL WE OR OUR AFFILIATES, INCLUDING, WITHOUT LIMITATION, OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, WASTED EXPENDITURE, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT, SOFTWARE OR OTHER PRODUCTS OR SERVICES, OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY ARISING OUT OF OR RELATED TO: (i) THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITES OR ANY PLATFORM APPLICATIONS OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITES; OR (ii) ANY CLAIM (INCLUDING FOR PROPERTY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM) ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE SITE OR THE LINKED SITES, OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE SITE OR LINKED SITES, EVEN IF WE OR OUR AFFILIATES, OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, SUCCESSORS AND ASSIGNS ARE AWARE OR SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR FOR DISPUTES AGAINST US OR ANY OF OUR AFFILIATES IS TO DISCONTINUE YOUR USE OF THE.
NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE.
GOVERNING LAW; GENERAL INFORMATION
While we invite visitors from all parts of the world to visit the Sites, visitors acknowledge that the Sites, and all activities available on and through the Sites, are governed by the laws of the United States of America and the laws of The Commonwealth of Massachusetts. We do not represent that materials on the Sites are appropriate or available for use in other locations. Persons who choose to access the Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree that the laws of The Commonwealth of Massachusetts, excluding its conflict of laws rules, and these Terms of Use, our Privacy Policy and any other policies posted from time to time on the Sites applicable to your use of the Sites shall govern your use of the Sites. Please note that your use of the Sites may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with us (or any of our affiliates) or relating in any way to your use of the Sites resides in the state and federal courts located in Boston, Massachusetts, and you further agree and expressly consent to the exercise of personal jurisdiction in the such courts, in connection with any such dispute and including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SITES OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE ACT OR OMISSION GIVING RISE TO THE CLAIM OR CAUSE OF ACTION AROSE.
A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms of Use are the entire agreement between you and us with respect to the Sites and any User Content, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to those matters. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and neither party has any authority of any kind to bind the other in any respect.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
NOTICES
Unless otherwise specified in these Terms of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Please feel free to contact us via one of the methods described on our “Contact Us” page.
You agree that we may send notices to you regarding your use of the Sites by means of electronic mail, a general notice posted on the Sites or by written communication delivered either by overnight courier or U.S, mail to your email or mailing address as appearing in our records from time to time.