1. Acknowledgment and Agreement
Please read these Terms carefully before accessing and/or using the Site. By accessing and/or using the Site, you agree to be bound by these Terms. Any objection to these Terms, or any part, therefore, will be interpreted as a refusal to agree to these Terms and you should not access and/or use the Site.
JWM reserves the right to make changes to these Terms at any time and at our discretion. Any new feature or tools which are added to the Site shall be subject to these Terms, as amended. New versions of these Terms shall immediately replace and supersede the previous terms upon posting. Your continued access and use of the Site means that you accept and agree to the changes.
3. Arbitration Notice
YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Using Our Site
4. By accessing and/or using the Site, you agree not to:
Use the Site in any manner contrary to local, state, federal, or international laws.
Use the Site for any commercial purpose without our prior written consent.
Copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted materials, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Site without our prior written consent.
Express or imply that any statements you make are endorsed by JWM.
Use the Site in any way that could interfere with, disrupt or negatively affect the Site or the servers or networks connected to the Site.
Encourage or promote any activity that violates these Terms.
5. Links to other Websites and Third Parties
Our Site may contain links to third-party websites or services that are not owned or controlled by JWM. JWM has no control over and assumes no responsibility for the content, accuracy, privacy policies, or practices of any third-party websites or services so linked. JWM strongly urges you to read the terms and conditions and privacy policies of any third-party website or services you visit.
7. Copyright, Trademark, and other Intellectual Property
You acknowledge that the Site and all materials on the Site, including without limitation to the Site design, text, graphics, sounds, pictures, software and other files, its look and feel, and the selection and arrangement thereof (collectively, “Materials”) are our property and are subject to and protected by United States and international copyright or other intellectual property laws and rights. The trademarks, service marks, trade dress, trade names, and logos contained on the Site, including without limitation to trademarks registered in the United States (collectively, “Marks”) are the sole property of JWM.
JWM grants you a personal, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Site. This license is for the sole purpose of letting you use and enjoy the Site as intended by JWM, and as permitted by this Agreement. All rights not expressly granted herein are reserved by JWM. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved. Site references to third parties or their copyrights, trademarks, or other intellectual property do not constitute or imply affiliation with, endorsement of, or recommendation of JWM by the respective trademark owner(s), or by JWM of the respective trademark owner(s).
Limitations and Regulatory Compliance
8. Disclaimer of Warranties; Limitation of Liability; Indemnification
- DISCLAIMER OF WARRANTIES. SUBJECT TO APPLICABLE LAW, JWM DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED ON THE SITE. JWM PROVIDES THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. JWM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATIONS, THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. JWM FURTHER DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. JWM FURTHER DISCLAIMS ANY WARRANTIES RELATING TO ANY INFORMATION OBTAINED THROUGH THE SITE, ANY LINKS PROVIDED BY THE SITE, AS WELL AS ANY INFORMATION RECEIVED THROUGH ANY OF THE LINKS PROVIDED IN THE SITE.
- LIMITATION OF LIABILITY. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCE SHALL JWM BE LIABLE TO ANY USER OF THE SITE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND/OR PUNITIVE DAMAGES, WHETHER SUCH DAMAGES OR A CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER CLAIM AVAILABLE UNDER APPLICABLE LAW, EVEN IF JWM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY ANY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH REGARD TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH THE SITE OR RECEIVED THROUGH LINKS PROVIDED ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH LINKS PROVIDED ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOST DATA, LOSS OF BUSINESS GOODWILL, OR OTHER SUCH DAMAGES. TO THE EXTENT ANY SUCH DAMAGES ARE REQUIRED BY APPLICABLE LAW, THEY SHALL BE CAPPED AT ONE HUNDRED DOLLARS ($100) (US).
- INDEMNITY. YOU AGREE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS JWM AND ITS RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES FROM ANY AND ALL COMPLAINTS, DEMANDS, CLAIMS, DAMAGES, LOSSES, COSTS (INCLUDING ATTORNEYS’ FEES) PENALTIES AND/OR OTHER EXPENSES, DUE TO, ARISING OUT OF, OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF THE SITE, OR YOUR VIOLATION OF THESE TERMS.
9. Geographic Location
The Site is hosted within the United States. Those who choose to access the Site from locations outside of the United States do so on their own initiative and are responsible for compliance with their local laws if they are applicable.
10. Governing Law; Jurisdiction and Venue; Severability
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or the laws of your state. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be invalid or unenforceable, then such invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the allocation or risks, and the remainder of these Terms will continue in effect.
11. Terms Termination
These Terms are effective until terminated either by JWM or you. We, in our sole discretion, may suspend or terminate these Terms at any time with or without notice, and may deny you access to the Site or any portion thereof as a result. You may also terminate these Terms at any time by discontinuing your use of the Site.