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Terms of Use

Terms of Use

Last Updated:           Sept. 9, 2012

 

A. Introduction

Please read these Terms and Conditions, which are an agreement and license between JMJ Associates, LLC (“Company”, “we” or “us”) and you. These Terms and Conditions govern your use of our website; by accessing and continuing to use our website www.jmj.com (“website”), you accept and agree to be bound and abide by these Terms and Conditions and our Website Privacy Policy found here (“privacy policy”) and incorporated herein by reference. If you disagree with these Terms and Conditions or any part of the following, you must not use our website and should close your browser immediately.

Our website uses cookies. By using our website and agreeing to these Terms and Conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.B. Accessing the Website

We reserve the right to withdraw or amend this website, and any service or material we provide on the website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or the entire website, to users, including registered users.

To access the website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the website that all the information you provide on the website is correct, current and complete. You agree that all information you provide to register with this website or otherwise, including but not limited to through the use of any interactive features on the website, is governed by our privacy policy [insert URL to Website Privacy Policy], and you consent to all actions we take with respect to your information consistent with our privacy policy.

C. Ownership and License

The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material. Except as expressly set forth herein, nothing contained in the website shall be construed as to confer any license or right to any copyright, patent, trademark or other proprietary interest of ours or belonging to any third party.

You may view, read, download to a web browser for personal, non-commercial purposes only, and print one copy of the pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions.

By using the website, you agree that you shall not:

(1) reproduce, republish (including republication on another website or any other media), download, store, transmit, duplicate, copy, sell, rent, sub-license or otherwise exploit material on our website except as permitted by these Terms and Conditions;

(2) show any material from the website in public; or

(3) distribute, edit or otherwise modify, or otherwise create any derivative works from, any material on the website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the website in breach of these Terms and Conditions, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of the website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.

The Company name and logo and the Incident and Injury Free™ and IIF™ marks, and all related names, logos, product and service names, designs and slogans, are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this website are the trademarks of their respective owners.

C. Acceptable use

You may use the website only for lawful purposes and in accordance with these Terms and Conditions. You must not use the website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data to and from the US or other countries).

You must not use our website in any way that causes, or may cause, damage to the website or impairs or prevents access or availability of the website; or in any way which is illegal, fraudulent or harmful, or in connection with any other illegal, fraudulent or harmful purpose or activity.

You must not use our website for the purpose of linking to, copying, storing, hosting, transmitting, sending, using, publishing, or distributing any malicious material, including without limitation, any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious or deceptive computer software. You must not use or launch any automated system (such as an offline reader, spider or robot) that sends more request messages to the website servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard web browser in a typical fashion. You must not circumvent, disable, or otherwise interfere or attempt to interfere with any functions or features of the website.

You must not use our website to transmit or send unsolicited commercial communications or advertising materials.

You must not use our website for any marketing purposes without our express written consent, or to impersonate or attempt to impersonate the Company, a Company employee or any other person or entity.

You must not conduct any systematised or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

If at any time the website provides the ability for you to obtain a user ID and password in order to access certain features of the website, you must ensure that that user ID and password is kept confidential and that your account is not used by unauthorised personnel. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We may disable your user ID and password at any time in our sole discretion without notice or explanation.

D. Links

Links on the website may lead to services or sites which are not affiliated with us. No judgment or warranty is made with respect to such other services or sites and we have no control and take no responsibility for such other sites or services. A link to another site or service is not an endorsement or recommendation of that site or service. Any use you make of the information provided on the website, or any site or service linked to by the website, is at your own risk.

E. Limited warranties

The information presented on or through the website is made available solely for general information purposes. WE DO NOT WARRANT THE COMPLETENESS OR ACCURACY OF THE INFORMATION PUBLISHED ON THIS WEBSITE; NOR DO WE COMMIT TO ENSURING THAT THE WEBSITE REMAINS AVAILABLE OR THAT THE MATERIAL ON THE WEBSITE IS KEPT UP-TO-DATE. THE WEBSITE AND ALL OF ITS CONTENTS ARE PROVIDED "AS IS" AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WE EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.  

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

F. Limitations and exclusions of liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA OR PROGRAMS.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

G. Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of or relating to your use of the website or any breach by you of any provision of these Terms and Conditions, or arising out of any claim that you have breached any provision of these Terms and Conditions.

H. Variation and Accessing the Website

We may revise and update these Terms and Conditions from time-to-time in our sole discretion, but its content is not necessarily complete or up-to-date. Any of the material on the website may be out of date at any given time, and we are under no obligation to update such material.

Revised Terms and Conditions will apply to the use of our website from the date of the publication of the revised Terms and Conditions on our website. Please check this page regularly to ensure you are familiar with the current version, because it is binding on you. Your continued use of the website following the posting of revised Terms and Conditions means that you accept and agree to the changes.

J. Severability

If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

L. Entire agreement

These Terms and Conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

M. Law and jurisdiction

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Texas, the United States of America, and any disputes relating to these Terms and Conditions will be subject to the jurisdiction of the courts of Travis County, the State of Texas, of the United States of America, without reference to any conflict of law provisions.

N. Contact Information

The full name of our company is JMJ Associates, LLC.

Our address is 8310-1 N. Capital of Texas Hwy #440, Austin, TX, 78731.

You can contact us by email at jlindstrom@jmj.com[SA1]

If you believe that any information appearing on the website infringes on any party’s right of copyright, trademark, patent, intellectual property, privacy, or confidentiality, or is offensive or is unlawful or illegal in nature, please report such information to us at the email listed above so we may take steps to investigate and remove such information.

 

Website Privacy Policy

Introduction

At JMJ Associates, LLC (“Company”, “we” or “us), we are committed to protecting and respecting your privacy through our compliance with this policy. “We” or “Us”, as used in this privacy policy, may include the Company’s subsidiaries and affiliates.

We recognize the importance of maintaining the privacy of information collected online and have created this specific Website Privacy Policy governing the treatment of personal information collected through the website www.jmj.com (“website”).

With respect to personal information that is transferred from the European Economic Area or Switzerland to the US, this policy is subordinate to the Company’s Global Privacy and Data Protection Policy found here.

This policy describes the type of information we may collect from you or that you may provide when you visit the website and our practices for collecting, using, maintaining, protecting and disclosing that information. This policy applies to information we collect on this website or in e-mail and other electronic messages between you and this website. It does not apply to information collected by us offline or through any other means.  Please read the following policy very carefully so that you understand our practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our website. By accessing or using this website, you agree to this policy and the Website terms of Use.

This policy may change from time to time. If we make changes to our privacy policy in the future notice will be posted on this page. Your continued use of this website after we make changes is deemed to be acceptance of those changes, so please check this policy periodically for updates.


1. Information We Collect

We may collect and process several types of information from and about users of our website, including:

1.1 Information by which you may be personally identified, such as a name, postal address, e-mail address, telphone number, etc., that you provide by filling in forms on our website. This includes any information provided when you register to subscribe to our services, when you post material on our website, or when you request further information or services from us or if you contact us by phone, email or other electronic communication. We may also ask you for information when you report a problem with our website.

1.2 If you contact us by phone, email or other electronic communication we may keep a record of that correspondence.

1.3 We may detail your visits to our website including but not limited to traffic data, location data and the web pages that you visit.

1.4 We may collect information about your computer, including where available your IP address, operating system and browser type for system administration and to report aggregate information to our advertisers. This is statistical data about our users browsing actions and patterns, and does not identify you as an individual.

You also may provide information to be published or displayed on public areas of the website or transmitted to other users of the website or third parties (“user contributions”). Your user contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the website with whom you may choose to share your user contributions. Therefore, we cannot and do not guarantee that your user contributions will not be viewed by unauthorized persons.

2. Cookie Information

2.1 Our website uses cookies to automatically collect information, including about your equipment, browsing actions and patterns, to distinguish you from other users of our website. This helps us to provide you with good experience when you browse our website and allows us to improve our website.

2.2. A cookie is a small data file of numbers that we store on your browser or the hard drive of your computer where you agree. You may refuse to accept cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our website.

2.3 We use the following cookies and analytical tools:

2.3.1 Dotmailer and vertical response: these are email service providers that act on our behalf to send email notifications of our services, news and events. This is to understand usage, trends and the campaign effectiveness, and to tell if an email has been opened and acted upon. We also use these technologies to manage and segment our email data into highly targeted, responsive groups.

2.3.2 Google Analytics: these cookies are used to collect information about how visitors use our websites. They collect information in an anonymous form about the number of visitors to our website, and which pages you visit, which we use to help improve the way in which our website works and enable visitors to find what they are looking for more easily.


 
3. How we use information

We may use information held about you, including personal information, in the following ways:

3.1 to carry out our obligations arising from any contracts entered into between you and us;

3.2 to allow you to participate in interaction features of our service where you choose to do so;

3.3 to ensure that content from our website is presented in the most effective manner for you;

3.4 to provide you with information, products or services that you may request from us to track leads and responses to our events and campaigns;

3.5 to fulfill any other purpose for which you provide such or in any other way we may describe when you provide the information or for any other purpose with your consent.

3.6 If you do not want us to use your personal data in this way, please unsubscribe by clicking here.

4Disclosure of Information

4.1 We may disclose your personal information to any member of our group of companies which includes our subsidiaries, our ultimate holding company and its subsidiaries. These companies include JMJ Associates, LLP, JMJ Associates Limited and JMJ Associates Asia Pacific (Pte.) Ltd.. We may disclose your personal information to our contractors, service providers and other third parties we use to support our business

4.2 We do not provide personal information to any third parties other than as set out in this privacy policy unless we sell any business or assets, in which case we may disclose your personal data to the prospective buyer of such business or asset. We may disclose your personal information to third parties where any of the group companies are acquired by a third party and where personal data held about its customers is one of the assets to be transferred. We may also disclose information to third parties where we are under a duty to disclose or share your personal data in order to comply with any legal obligation or process, or in order to enforce or apply the terms and conditions for supply of our services or any other agreements. Further, we may disclose personal information to fulfill the purpose for which you provide it, for any other purpose disclosed by us when you provide the information or with your consent.

5. Your Rights

You have the right to ask us not to process your personal data for marketing purposes and we would usually inform you before we collect your data if we intend to use your data for those purposes. You can exercise this right either by clicking here or by contacting us at jlindstrom@jmj.com.

You have the right to request access to or correct or delete any personal information that we hold about you. To make an access request, or to contact us about our privacy policy please contact jlindstrom@jmj.com.

6. Other Websites

Our website does contain links to and from the website of third parties. If you follow a link to any of these websites, please note that they may have their own privacy policies, and we do not accept any responsibility or liability for these policies. We recommend that you check the extent of any privacy policies before you submit personal data to those websites.

 

7. Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. The information you share in public areas may be viewed by any user of the website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the website.

8. Changes to Website Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you through a notice on the Website home page]]. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our website and this privacy policy to check for any changes.

10. Contaact

To ask questions or comment about this privacy policy and our privacy practices, contact us at jlindstrom@jmj.com