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Legal Information & Notices
Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the JumPedal web site located at www.jumpedal.com all associated sites linked to www.jumpedal.com by JumPedal, its subsidiaries and affiliates, including JumPedal sites around the world (collectively, the “Site”). The Site is the property of JumPedal (“JumPedal”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
JumPedal, in its sole discretion, reserves the right to modify, change, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use for changes. Your continued use of the Site following any posted changes means that you accept and agree to the changes. As long as you comply with the Terms of Use, JumPedal grants you a personal, non-transferable, non-exclusive, limited privilege to enter and use the Site. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
Use of the Site
You may not gain or attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any JumPedal server, or to any of the services offered on or through the Site, by password “mining”, hacking, or any other illegitimate means.
You may not access Content through or use or launch any automated system or technology including any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. JumPedal reserves the right to bar any such activity.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of JumPedal, including any JumPedal account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or JumPedal’s systems or networks, or any systems or networks connected to the Site or to JumPedal.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may use false headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to JumPedal on or through the Site or any service offered on or through the Site. You may not impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of JumPedal or others.
Content
All information, text, documents, user interfaces, visual interfaces, materials, graphics, photography, designs, logos, layouts, icons and computer codes, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the Site (collectively, “Content”) of this site is (and shall continue to be) owned, controlled or licensed exclusively by the JumPedal and is protected under applicable copyrights, patents, trademarks, and/or other proprietary intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any private or commercial enterprise, without JumPedal’s express prior written consent.
You may use information on JumPedal products and services (such as data sheets, knowledge
base articles, and similar materials) purposely made available by JumPedal for downloading
from the Site, provided that you
(1) not remove any proprietary notice language in all copies of
such documents,
(2) use such information only for your personal, non-commercial informational
purpose and do not copy or post such information on any networked computer or broadcast it in
any media,
(3) make no modifications to any such information, and
(4) not make any additional
representations or warranties relating to such documents. Under no circumstances will you
acquire any ownership rights or other interest in any content by or through your use of this site.
Disclaimer
The information on this site is provided solely for users’ general knowledge and is provided “as is”. JumPedal hereby grants you a limited, nontransferable, non-exclusive right to access and use of the site solely for your personal use to find out information about our company and our business. This authorizes you to view and download a single copy of the materials purposely made available by JumPedal for downloading on the site solely for your personal, noncommercial use. You may not modify, copy, distribute, transmit, display, publish, or create derivative works from the Information or use the Information for any commercial purpose whatsoever. There is no warranty, representation or guarantee with respect to the accuracy, timeliness or completeness of the information. The information may not always be the most current source for information. JumPedal does not warrant that the site and/or the information will be free from errors, defects, program limitations, viruses or other harmful components or that the site and the information will be accessible and perform in accordance with your expectations. The use of the site is at your own risk.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
JumPedal’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
JumPedal may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and JumPedal makes no commitment to update the materials on the Site with respect to such products and services. Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an JumPedal ID and password).The confidentiality of the information you hold for your account, including your password, and any and all activity that occurs under your account is your sole responsibility. You agree to notify JumPedal immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by JumPedal or any other user of or visitor to the Site due to someone else using your JumPedal ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s JumPedal ID, password or account at any time without the express permission and consent of the holder of that JumPedal ID, password or account. JumPedal cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Privacy
JumPedal takes the security of your personal information very seriously. JumPedal online services protect your personal information during transit using encryption. Your personal data is stored by JumPedal, we use computer systems with limited access housed in facilities using physical security measures, all data is stored in encrypted form including when we utilize third party storage.
By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Links to Other Sites and to the JumPedal Site
We may provide links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under JumPedal’s control, and JumPedal is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Disclaimers
JUMPEDAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JUMPEDAL DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY JUMPEDAL SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST JUMPEDAL FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
JumPedal reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes and (3) to modify or change the Site, or any portion of the Site, and any applicable policies or terms;.
Limitation of Liability
To the maximum extent permitted by applicable law, JumPedal will not be liable for lost revenues or indirect, special, incidental, consequential, exemplary, or punitive damages, even if JumPedal knew or should have known that such damages were possible and even if direct damages do not satisfy a remedy.
To the maximum extent permitted by applicable law, JumPedal, may not be held liable under this agreement for more than the amount paid by you to JumPedal during the twelve months prior to the event giving rise to liability.
These limitations of liability do not apply to breaches of confidentiality obligations, violations of a party’s Intellectual Property Rights by the other party, or indemnification obligations.
Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold JumPedal, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against JumPedal by any third party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
JumPedal may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) JumPedal’s rights or property, or the rights or property of visitors to or users of the Site, including JumPedal’s customers. JumPedal reserves the right at all times to disclose any information that JumPedal deems necessary to comply with any applicable law, regulation, legal process or governmental request. JumPedal also may disclose your information when JumPedal determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that JumPedal may preserve any transmittal or communication by you with JumPedal through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or JumPedal determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of JumPedal, its employees, users of or visitors to the Site, and the public.
You agree that JumPedal may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to JumPedal, for which monetary damages would be inadequate, and you consent to JumPedal obtaining any injunctive or equitable relief that JumPedal deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies JumPedal may have at law or in equity.
You agree that JumPedal may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If JumPedal does take any legal action against you as a result of your violation of these Terms of Use, JumPedal will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to JumPedal. You agree that JumPedal will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Florida without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Palm Beach County, Florida, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between JumPedal and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed sixty (60) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
The www.JumPedal.com Site is administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. JumPedal reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable or is prohibited by the laws of the state or jurisdiction where it is to be performed, this Agreement shall be considered divisible as to such provision and such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use. The remaining provisions of this Terms of Use shall be valid and binding and of like effect as though such provision were not included.
These Terms of Use constitute the entire agreement between you and JumPedal with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and JumPedal with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase or service agreement you enter into with JumPedal, JumPedal will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. JumPedal’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by JumPedal of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between JumPedal and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
JumPedal provides access to JumPedal international data and, therefore, may contain references or cross references to JumPedal products, programs and services that are not announced in your country. Such reference does not imply that JumPedal in your country intends to announce such products, programs or services.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. JumPedal shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
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