BY USING ANY OF THE JGR Technologies, LLC SERVICES (INCLUDING, WITHOUT LIMITATION, WIRELESS INTERNET ACCESS SERVICES, SOFTWARE, EMAIL SERVICES, PHONE SERVICES AND RELATED FEATURES AND ANY SERVICES PROVIDED ON ANY OF THE WEB SITES MANAGED OR OWNED BY JGR Technologies, LLC (COLLECTIVELY, THE "JGR Technologies, LLC SERVICE(S)")), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, THE ACCEPTABLE USE GUIDELINES FOR THE JGR Technologies, LLC SERVICE, THE SOFTWARE LICENSE AGREEMENT AND THE JGR Technologies, LLC PRIVACY STATEMENT WHICH ARE REFERRED TO COLLECTIVELY AS THE "RULES".
IF YOU DO NOT AGREE TO BE BOUND BY THE RULES, YOU SHOULD DISCONTINUE REGISTRATION, OR YOUR USE OF, THE JGR Technologies, LLC SERVICES, PROVIDE FOR THE SAFE RETURN OF ALL ASSOCIATED HARDWARE AND DESTROY ALL COPIES OF THE JGR Technologies, LLC SOFTWARE. YOUR JGR Technologies, LLC ACCOUNT WILL NOT BE ACTIVATED OR YOUR SERVICE WILL BE TERMINATED.
The most current version of the Rules may be found at www.jaggartech.com (the "JGR Technologies, LLC Site"). Please review the Rules at the JGR Technologies, LLC Site prior to accessing the JGR Technologies, LLC Services since the Rules may have changed since the date of production of this software. JGR Technologies, LLC may change the Rules and the scope of the JGR Technologies, LLC Services, in whole or in part, at any time. Posting of the updated Rules at the JGR Technologies, LLC Site will constitute notice to you of any such changes, although JGR Technologies, LLC may choose other types of notice for certain changes. Changes will be effective upon notice, although JGR Technologies, LLC will use reasonable efforts to provide you with thirty (30) days advance notice of material changes that adversely impact you. Your continued use of the JGR Technologies, LLC Services following notice constitutes your acceptance of all changes, and each use of the JGR Technologies, LLC Services constitutes your reaffirmation of your acceptance of the Rules. If you do not agree to changes to the Rules or the scope of the JGR Technologies, LLC Services, your sole and exclusive remedy will be to terminate your use of JGR Technologies, LLC Services, although if you have a prepaid account you will not have the right to terminate your use of the JGR Technologies, LLC Services unless the change is material and adverse to you.
1.0 General
The Rules are your entire agreement with JGR Technologies, LLC and govern your use of the JGR Technologies, LLC Services. JGR Technologies, LLC reserves the right to prohibit any conduct or to remove any materials or content in violation of the Rules or which JGR Technologies, LLC believes in its sole discretion to be illegal or potentially harmful to others or may expose JGR Technologies, LLC to harm or liability. JGR Technologies, LLC may suspend or terminate your use of JGR Technologies, LLC Services for any reason at any time, including if it determines that you have failed to comply with any of the Rules. JGR Technologies, LLC reserves the right to take or terminate the use of any Service at any time.
JGR Technologies, LLC Services. JGR Technologies, LLC offers a variety of services, including Wireless Internet access services. JGR Technologies, LLC retains the right at its discretion to make changes to the JGR Technologies, LLC Services, including its fees and billing methods and the amount of time a user may access the Internet for free or for a specified fee, or to discontinue some or all of the JGR Technologies, LLC Services. JGR Technologies, LLC retains the right to change, suspend or terminate your use of the JGR Technologies, LLC Service at any time for any reason, without notice, and nothing herein shall be construed to limit that right. If you have elected a prepaid, extended service agreement with JGR Technologies, LLC, you may have rights to a refund as outlined in the Rules.
* Collection and Use of Personal Information
JGR Technologies, LLC will collect, store, compile and utilize information about you, your computer, and your use of the JGR Technologies, LLC Services including, without limitation, information that you provide in response to JGR Technologies, LLC questionnaires, surveys and registration forms. JGR Technologies, LLC will not provide this information to third parties including advertisers, clients, marketing organizations and others. JGR Technologies, LLC will not disclose your name, address, telephone number, credit card number(s), e-mail addresses or other personal identifying information to third parties other than those acting on behalf of JGR Technologies, LLC, unless you give JGR Technologies, LLC consent to do so or except as may be required by law. Please refer to the Privacy Statement for the JGR Technologies, LLC privacy policies and information practices.
2.0 Your Obligations
* Charges and Billing.
By using JGR Technologies, LLC Services, you agree to accept the fees you may incur as a result of using JGR Technologies, LLC Services, including but not limited to, long distance and toll call charges, supplementary call services, fees for supplemental services, such as additional bandwidth, or features and purchases made through the use of JGR Technologies, LLC Services. You will be notified of any applicable fees prior to incurring liability for such fees and, by providing your billing information, you agree that you are liable for payment of such fees. Billing for long distance and/or toll calls are billed in whole, one (1) minute increments. Any portion of a given minute will be rounded up to a whole minute increment and billed at the current per minute rate. JGR Technologies, LLC reserves the right to change its fees or billing methods at any time and JGR Technologies, LLC will provide thirty days notice of any such changes in the same manner as described above for changes in the Rules and/or scope of JGR Technologies, LLC Services. If you do not like these changes, you may stop using the JGR Technologies, LLC Services at any time; however, you will not be entitled to receive a refund for the charges you have already incurred and you are responsible for timely payment of such amounts (including any applicable late fees). In the event you have prepaid for an extended period of time and we either terminate your JGR Technologies, LLC Service or we make a material change to the JGR Technologies, LLC Service that adversely impacts you and elect to terminate the JGR Technologies, LLC Service, as your sole and exclusive remedy you will be entitled to a refund for amounts prepaid to cover future periods from the date of termination. The amount prepaid will be based on the average monthly cost over the service period. If you pay for our services on a monthly basis, you will not be entitled to a refund if you elect to terminate your account, although JGR Technologies, LLC will provide you with a pro rata refund for the remainder of the month if JGR Technologies, LLC terminates your account. All JGR Technologies, LLC Services are recurring in nature, as such you hereby authorize JGR Technologies, LLC to charge the credit card number you provided to JGR Technologies, LLC for such fees on a recurring or automatic basis, including additional services, such as long distance and toll call charges, supplementary call services, additional bandwidth charges. You acknowledge and agree that JGR Technologies, LLC will not obtain any additional authorization from you for this recurring payment. Every time you use JGR Technologies, LLC Services, you re-affirm that JGR Technologies, LLC is authorized to charge your credit card. If you have any billing-related questions or want to stop a recurring payment from being charged to your credit card account, call our toll-free number 417-256-3848. Some fees that you may incur using the JGR Technologies, LLC Services may accumulate on your JGR Technologies, LLC account before they are charged to your credit card. Once the charges appear on your account, you are responsible for payment of such charges. JGR Technologies, LLC will assess a late fee of 1.5% per month (or the highest amount permissible by law, whichever is less) if your payment is more than 30 days past due. You will be liable for any fees JGR Technologies, LLC incurs in its efforts to collect any unpaid balances from you. Any billing problems or discrepancies must be brought to JGR Technologies, LLC's attention by you within 90 days from the date you are billed. If you do not bring them to JGR Technologies, LLC's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies with JGR Technologies, LLC. JGR Technologies, LLC may suspend or terminate your use of the JGR Technologies, LLC Services if you fail to provide a valid credit card number upon request or if JGR Technologies, LLC is unable for any reason to bill your credit card for the fees you have incurred. JGR Technologies, LLC may suspend and/or terminate your account if any additional charges, including but not limited to, long distance and/or toll calls accrue to an amount of greater than one hundred dollars ($100) within any billing cycle. This suspension and/or termination may be reversed at such time as payment for the balance has been made. You are responsible for all charges incurred, including applicable taxes and purchases made by you or anyone you allow to use your account, including your children and other members of your family. This means that, unless your account or credit card information is obtained unlawfully or fraudulently by someone other that those authorized to use your account, you will be responsible for all usage and purchases under your account. You may obtain pricing information for supplemental services or features, as well as answers to common billing questions by going to the JGR Technologies, LLC Site.
* Minors.
If you are less than 18 years old but older than 12 years old, you should obtain your parent's permission to use the JGR Technologies, LLC Services. You may not obtain an account for JGR Technologies, LLC Services unless you are at least 18 years old, and you represent that you are at least 18 years old by signing up for such services. If you are less than 13 years old, you are not allowed to use the JGR Technologies, LLC Service without your parent's consent. If you are a parent permitting a minor to use JGR Technologies, LLC Services, you agree to (i) exercise supervision over the minor's use of JGR Technologies, LLC Services and access to the Internet, (ii) assume all risks associated with the minor's viewing of content received through use of JGR Technologies, LLC Services and the minor's transmission of materials, content, or information to another person via the Internet, (iii) assume any and all liabilities resulting from the minor's use of JGR Technologies, LLC Services, including any and all payment obligations. JGR Technologies, LLC might provide information on the JGR Technologies, LLC Site regarding parental control software available through various third party vendors, but you should know that such software is not completely effective in preventing minors' access to material that is unsuitable for children. JGR Technologies, LLC does not endorse any of these third parties and makes no representation as to them or their software.
* Registration Information.
You must register for JGR Technologies, LLC Services using your own name. During registration, you will be asked to provide the name or number you wish to use as your login identification. If the login identification you request is not available you will be asked to supply another login identification. JGR Technologies, LLC reserves the right to verify the accuracy of the information you submit in connection with your registration for JGR Technologies, LLC Services (including, without limitation, performing cross tabulations with external databases) and you hereby consent to JGR Technologies, LLC's verification of such information.
* Bypassing or Disabling Any Portion of the JGR Technologies, LLC Services or Software.
If you bypass or disable any portion of the JGR Technologies, LLC Services or software, including, without limitation, attempts to circumvent JGR Technologies, LLC's billing of your Services in any way, you are in violation of these Terms and Conditions and we may suspend or terminate your use of JGR Technologies, LLC Services without notice. Termination of your JGR Technologies, LLC Services will not excuse you from any criminal or other civil liabilities that may result from your actions. If your JGR Technologies, LLC Service is terminated for any reason you will be unable to access your JGR Technologies, LLC account, including any undelivered email messages in your JGR Technologies, LLC email account.
* Accessing JGR Technologies, LLC Services.
Depending on which JGR Technologies, LLC Service(s) you select, JGR Technologies, LLC may lease a wireless modem, antenna and splitter to you. You are responsible for ensuring that no physical damage, accept normal wear, occurs to these devices that are owned by JGR Technologies, LLC. If physical damage occurs as a result of your actions, you will be responsible to pay JGR Technologies, LLC a fee of $US200.00 regardless of whether you continue service. If the leased equipment fails or is damaged, for a reason other than your actions, JGR Technologies, LLC will replace your leased equipment free of charge for the life of your Service with JGR Technologies, LLC. Upon termination of your Service(s) with JGR Technologies, LLC you agree to return or allow access for a JGR Technologies, LLC employee to collect all equipment leased to you within seven (7) days of your account termination. If you fail to return or allow access you will be billed and you are liable to pay JGR Technologies, LLC for equipment loss in the amount of US$200.00. Not under any circumstances will the setup fee be applied towards equipment fees. All setup fees are to cover installation costs and provisioning costs and are non refundable, except when relating to JGR Technologies, LLC thirty day money back guarantee as defined on JGR Technologies, LLC web site. Upon removal, whether during the 30 day money back guarantee or after this period, JGR Technologies, LLC, will leave the cabling in place from the antenna and modem to the computer and JGR Technologies, LLC will not patch any holes. This is done because the customer may want to reactivate services at a later date.
* Responsibility of JGR Technologies, LLC Technicians.
JGR Technologies, LLC technicians will install your modem, antenna and analog telephone adapter, in a professional manner, at a location that is agreeable you to, provided however, JGR Technologies, LLC is still able to deliver service at the installation location. JGR Technologies, LLC technicians will route a cable from the outside modem and antenna to your computer. They will not be required however, to access the attic, under the premises or to route the cable through walls. In a typical installation environment, the cable will be routed along the outside of the house in a neat and clean fashion and go through one exterior wall to connect to the computer. In some cases, the JGR Technologies, LLC technician may deem it best to route the cable through an attic or under the premises, however they are not required to do so and an additional fee may apply for extraordinary installations. JGR Technologies, LLC agrees to inform the customer of any additional fees prior of any work being started. In the installation process, damage may occur to the premises, including but not limited to, breaking of roof tiles. The technician will attempt to repair any damage at that time, including replacing of broken tiles, provided that the customer has spare tiles available. In the event that the damage cannot be repaired immediately JGR Technologies, LLC, will make arrangements for repairs to be completed as soon as possible. JGR Technologies, LLC reserves the right to use which ever outside company, if repairs require it, that JGR Technologies, LLC sees fit. JGR Technologies, LLC will be responsible for returning the premises back to the original condition before the damage occurred provided the customer allows JGR Technologies, LLC or its contractors access to repair such damages.
* Responsibility of CUSTOMER during installation.
After scheduling installation of JGR Technologies, LLC service, if customer desires to cancel or reschedule installation they must notify JGR Technologies, LLC customer service 24 hours before the scheduled installation. In the case that customer is calling outside business hours customer must leave a voicemail stating their desire to cancel or reschedule installation. Failure to provide notification to JGR Technologies, LLC customer service 24 hours prior to scheduled installation will result in a $25.00 rescheduling fee which will be charged to customer Credit Card or customer will be invoiced if they have selected to pay by Check.
* Use of your JGR Technologies, LLC Account.
You are responsible for all use of your JGR Technologies, LLC Services and for the security of your login identification, your password and any security lock code that you use to protect access to your data, JGR Technologies, LLC personal profile, your file name(s) and files, network and user access, and any information you disseminate through use of JGR Technologies, LLC Services or through other Internet services. You may not transfer or permit any other person to use your JGR Technologies, LLC account. You may not use more than one login session at a time.
* JGR Technologies, LLC provides personal firewall software for each computer connected to the Internet through JGR Technologies, LLC.
JGR Technologies, LLC highly recommends that this firewall is kept on all of the time. Failure to enable your firewall correctly could result in damage to your computer. JGR Technologies, LLC provides this software free of charge and accepts no liability arising from damages due to hackers regardless of whether or not the firewall is enabled.
* No Resale of JGR Technologies, LLC Services and JGR Technologies, LLC Site.
The JGR Technologies, LLC Services are for personal use of registered users only and may not be copied, resold, leased, transferred, exchanged or bartered.
* Transmission and Receipt of Content.
JGR Technologies, LLC exercises no control over the content of information passing through its network or equipment. Disputes may arise between you and others or between you and JGR Technologies, LLC related to such content or commerce. Such disputes could involve, among other things, the use or misuse of domain names; the infringement of copyrights, trademarks or other rights in intellectual property; defamation; fraud; the use or misuse of information; and problems with online auction or commerce transactions. You agree that all claims, disputes or wrongdoing which result from, or which are related in any way to, the content of information that you transmit, re-transmit or receive through JGR Technologies, LLC's network or equipment are your sole and exclusive responsibility.
* Email.
You may not incorporate a third party's trademark within your JGR Technologies, LLC email address without permission of the trademark owner. Files attached to email messages may not exceed 5 megabytes and JGR Technologies, LLC shall have no obligation to transmit files exceeding 5 megabytes attached to email messages transmitted to or from your account. Your mailbox account storage may not exceed 10 megabytes and JGR Technologies, LLC shall have no obligation to allow your account to exceed 10 megabytes. Once your mailbox account storage reaches 10 megabytes you will not receive any additional email messages and JGR Technologies, LLC may, without notice, terminate your JGR Technologies, LLC email service and delete any or all email stored in your mailbox account. If your JGR Technologies, LLC Services or JGR Technologies, LLC email service is terminated you will be unable to access any email messages in your JGR Technologies, LLC email account.
* Indemnification of JGR Technologies, LLC.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD JGR Technologies, LLC AND ITS PARTNERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COURT COSTS) (COLLECTIVELY, "CLAIMS") ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THESE RULES OR USE (BY YOU OR ANY THIRD PARTY) OF JGR Technologies, LLC SERVICES THROUGH THE JGR Technologies, LLC ACCOUNT ASSIGNED TO YOU, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM JGR Technologies, LLC'S OWN NEGLIGENCE. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF JGR Technologies, LLC SERVICES PROVIDED TO YOU.
3.0 Phone Usage
* 911 and e911 Services.
JGR Technologies, LLC 911 and e911 service will connect you with the emergency 911 facility which is associated with the phone number that is assigned to you by JGR Technologies, LLC or which you have chosen to have ported over from your existing phone company. As a part of the e911 program, emergency response personnel will be provided with both the phone number you are calling from and the physical address at which the number is located. JGR Technologies, LLC assumes no responsibility for any information, which has been provided by you, which is incorrect in nature and does not allow emergency response personnel to locate anyone using the Service at your location. Services are not to be moved to a new address without contacting JGR Technologies, LLC. If Services are moved without JGR Technologies, LLC?s knowledge, then all 911/e911 functionality will cease to provide emergency response personnel with proper location information.
* Service Outages Due to Power Failure or Disruption.
911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service, including 911 Dialing.
* Service Outages Due to Internet Outage or Suspension or Termination of JGR Technologies, LLC Services.
Service outages or suspensions or terminations of service by JGR Technologies, LLC will prevent all Service, including 911 Dialing, from functioning.
* Service Outages Due to Suspension or Termination of Your JGR Technologies, LLC Account.
Service outages due to suspension or termination of your account will prevent all Service, including 911 Dialing, from functioning.
* Other Service Outages.
If there is a Service outage for any reason, such outage will prevent all Service, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.
* Disclaimer of Liability and Indemnification.
We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither JGR Technologies, LLC nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 911 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless JGR Technologies, LLC, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.
* Prohibited Uses.
* Unlawful Use.
You shall use the Service only for lawful purposes. We reserve the right to immediately terminate your Service if, in our sole and absolute discretion, we determine that you have used the Service for an unlawful purpose. In the event of such termination, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If we believe that you have used the Service for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, JGR Technologies, LLC will provide information in response to law enforcement requests, subpoenas, court orders, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others.
* Inappropriate Conduct.
You shall not use the Service in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior. We reserve the right to immediately terminate your Service if, in our sole and absolute discretion, we determine that you have used the Service in any of the aforementioned ways. In the event of such termination, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If we believe that you have used the Service in any of the aforementioned ways, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, JGR Technologies, LLC will provide information in response to law enforcement requests, subpoenas, court orders, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others
* Phone Taxes and Surcharges.
Certain Service plans related to JGR Technologies, LLC Services may include the assumption of applicable taxes and/or surcharges/fees by JGR Technologies, LLC. In the event that changes to these taxes and/or surcharges/fees occur, as a result of changes in regulatory rulings, legislation or other means not addressed here, JGR Technologies, LLC reserves the right to charge these taxes and/or surcharges/fees to your account. JGR Technologies, LLC will make reasonable effort to provide notice in advance of the levying of any additional taxes and/or surcharges/fees.
4.0 Termination and Cancellation
Either you or JGR Technologies, LLC may terminate or cancel your account at any time. Except as specified herein, you will not be entitled to a refund for any prepaid amounts. Other than to receive a return of refundable prepayments, cancellation is your sole remedy with respect to any dispute with JGR Technologies, LLC. This includes, but is not limited to, any dispute regarding the JGR Technologies, LLC Services, the Rules and the enforcement or interpretation of the Rules, JGR Technologies, LLC's policies and practices including our privacy policy, your ability to access the JGR Technologies, LLC Services, the content available on the JGR Technologies, LLC Services, and any matters relating to billing. You can cancel your JGR Technologies, LLC Services by following the instructions on the JGR Technologies, LLC Site. The Terms and Conditions on the JGR Technologies, LLC Site will contain a current phone number to cancel your billing service.
5.0 Warranty Disclaimers
YOU ACKNOWLEDGE THAT JGR Technologies, LLC SERVICES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE JGR Technologies, LLC SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF JGR Technologies, LLC SERVICES OR THAT JGR Technologies, LLC SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. JGR Technologies, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED , INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE , MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT. JGR Technologies, LLC DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE JGR Technologies, LLC SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT JGR Technologies, LLC WILL SERVICE OR HAVE ADEQUATE CAPACITY IN ANY SPECIFIC GEOGRAPHIC AREA.
6.0 Limitation of JGR Technologies, LLC's Liability
IN NO EVENT SHALL JGR Technologies, LLC BE LIABLE UNDER ANY SECTION OF THESE TERMS AND CONDITIONS OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT JGR Technologies, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. JGR Technologies, LLC SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL JGR Technologies, LLC'S LIABILITY TO YOU EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO JGR Technologies, LLC. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE JGR Technologies, LLC SERVICES MAY BE BROUGHT BY YOU OR JGR Technologies, LLC MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED. Some jurisdictions do not allow a limitation on liability for negligence that causes death or personal injury and, in such jurisdictions, JGR Technologies, LLC's liability shall be limited to the greatest extent permitted by law.
7.0 Policy to Terminate Use of Services for Copyright Infringement
Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act, JGR Technologies, LLC will terminate the account of any subscriber who uses his or her account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to JGR Technologies, LLC and later confirmation through court order or an admission by the subscriber that an account has been an instrument of unlawful infringement, JGR Technologies, LLC will terminate the infringing subscriber's account. JGR Technologies, LLC may also in its sole discretion decide to terminate a subscriber's account privileges prior to that time if it has good faith belief that infringement has occurred. In addition, pursuant to 17 U.S.C. § 512(c), JGR Technologies, LLC has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. JGR Technologies, LLC respects the intellectual property of others, and we ask our subscribers to do the same.
8.0 Miscellaneous
* Liability Limitation.
JGR Technologies, LLC shall not be liable for nonperformance or delay in performance caused by any reason, whether within or outside of its control.
* Entire Agreement.
These Rules (as may be modified by updated Rules on the JGR Technologies, LLC Site) together constitute the sole agreement between JGR Technologies, LLC and you respecting the subject matter hereof and fully supersede any and all other agreements, either oral or in writing. You acknowledge and agree that you have read the Rules and understand and accept their terms.
* Legal Actions.
These Rules will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. The exclusive personal jurisdiction of and venue for all disputes arising out of these Rules shall be the state and federal courts located in Chico, California, USA and you consent to such exclusive jurisdiction and waive all objections to such jurisdiction and venue.
* Severability.
If any provision of these Rules is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder shall remain in full force and effect.
* No Waiver.
Any failure of JGR Technologies, LLC to enforce any provision of these Rules shall not constitute a waiver of any rights under such provision or any other provision of these Rules.
9.0 How to Contact Us
A list of ways to contact JGR Technologies, LLC is available on our contact page
© Copyright 2005 JGR Technologies, LLC
CLOSE THIS WINDOW