Terms of Use

Terms and Conditions

 

Website:                    www.jmj.com

Last Updated:           4/23/2012

 

A.        Introduction

Please read these Terms and Conditions, which are an agreement and license between us and you.  These Terms and Conditions govern your use of our website; by accessing and continuing to use our website, you accept these Terms and Conditions in full.  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.        License

 

Unless otherwise stated, we or other owners own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved by their respective owners.  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), duplicate, copy sell, rent, sub-license or otherwise exploit material on our website for any commercial purpose;

 

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

 

(3)      edit or otherwise modify any material on the website; or

 

(4)      redistribute material from this website except for content specifically and expressly made available for redistribution (such as a newsletter or email containing news, public information, or advertizing information).

 

C.         Acceptable use

 

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 with any functions or features of the website.

 

 

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

 

You must not use our website for any marketing purposes without our express written consent.

 

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.  We may disable your user ID and password 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 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

 

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.  In no event will we be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, lost profits, business interruption, loss of programs or data) without regard to the form of action and whether in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with the website, any content on or accessed through the website or any site service linked to, or any copying, displaying, or use thereof.

 

F.         Limitations and exclusions of liability

 

Nothing in these Terms and Conditions will limit or exclude our or your (1) liability for death or personal injury resulting from negligence, (2) liability for fraud or fraudulent misrepresentation, (3) liability in any way that is not permitted under applicable law; or (4) liabilities that may not be excluded under applicable law.

 

The limitations and exclusions of liability set out in this Section and elsewhere in these Terms and Conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the Terms and Conditions or in relation to the subject matter of the Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

 

To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

 

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 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

 

We may revise these Terms and Conditions from time-to-time.  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.

 

I.         Assignment

 

We may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.

 

You may not assign, transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions. 

 

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.

 

K.        Exclusion of third party rights

 

These Terms and Conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these Terms and Conditions is not subject to the consent of any third party.

 

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.

 

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 globalops@jmj.com

 

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.