1. ACCEPTANCE OF TERMS
2. OWNERSHIP OF SITE AND RESTRICTIONS ON USE OF CONTENT
The Site is owned by Jump Associates. You acknowledge that this Site may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services now known or hereafter devised (collectively “Content”), which is generally provided by Jump Associates or by licensors of Jump Associates. You agree and acknowledge that, notwithstanding that Jump Associates permits access to the Content, the Content or its use or the use of this Site is protected by copyrights, trademarks, patents, and other proprietary rights (including intellectual property rights), that these rights are valid and protected in all media now existing or later developed, and that except as specifically provided in this Agreement, your use of the Content shall be governed and constrained by applicable copyright, trademark, patent and other intellectual property laws. Modification or use of the Site and/or the Content for any commercial purpose is a violation of copyright, patent and other proprietary rights owned by Jump Associates and third parties. In addition to Jump Associates’s and its licensors’ rights in individual elements of the Content, Jump Associates owns the copyright in the selection, coordination, arrangement and enhancement of the Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit the Site and/or any of the Content, in whole or in part, without the prior express written permission of Jump Associates.
3. ACCESS TO ADVANCED SERVICES AND TERMINATION OF ACCESS
In order to access certain Content and to make use of any advanced personalization features that may be available on the Site, you may be required to register with a user name and a password of your choice. If you register, you may be asked for your name, e-mail address, company name, work address, phone number, and other identifying information (“Personal Information”). The Personal Information is linked directly to your registered user name and password and can only be retrieved by supplying the correct email address and password that is linked to that account. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Jump Associates immediately of any unauthorized use of your account or any other breach of security. Jump Associates will not be liable for any loss or damages of any kind that may arise as a result of you or someone else using your password or account, either with or without your knowledge.
You acknowledge and agree that Jump Associates may terminate your access privileges and remove and discard any Content without notice to you for any reason, including without limitation, if (i) Jump Associates believes that you have violated any provision of this Agreement, and/or (ii) you have otherwise acted in any manner that Jump Associates deems objectionable. You agree that any termination of your access to the Site shall not result in any liability or other obligation of Jump Associates to you or any third party in connection with such termination.
4. DISCLAIMER OF WARRANTIES
THE USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JUMP ASSOCIATES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. JUMP ASSOCIATES MAKES NO WARRANTY THAT THE SITE AND/OR ANY CONTENT THEREIN WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE AND/OR ANY CONTENT THEREIN WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE USING THE SITE.
5. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT JUMP ASSOCIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF JUMP ASSOCIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) ANY LINK PROVIDED IN CONNECTION WITH THE SITE, OR (iv) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE.
6. YOUR CONDUCT ON THE SITE
In the event that Jump Associates permits you to upload, post, e-mail or otherwise transmit content, data, information or other materials now known or hereafter devised (collectively, “User Content”) for display on the Site or otherwise, you will be responsible for all such User Content that you upload, post, email or otherwise transmit using the Site. Likewise, you are responsible for complying with all third-party rights with respect to all such User Content that appears on the Site and not to download, email or otherwise transmit such User Content in violation of such third party’s rights. By submitting User Content to Jump Associates, you automatically grant or warrant that the owner of such Content has expressly granted either all right, title, and interest in and to the Content or the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content.
You are expressly prohibited from placing any message in any User Content or any product, good or service or otherwise transmitting through or posting on the Site (including in any e-mail message or any chat board posting) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic or otherwise objectionable material of any kind, including without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law (collectively, “Prohibited Conduct”). Prohibited Conduct expressly includes any transmission to people or other entities on mailing lists that you do not have full rights to use. You agree and acknowledge that Jump Associates is not responsible or liable to you or any other party or user of the Site for any Prohibited Conduct by you or any other party or user of the Site.
You may not collect or store personal data of other users of the Site without the prior, written permission of such user(s).
You may not directly or indirectly, intentionally disrupt or interfere with the Site in any manner that may adversely affect Jump Associates or any user of the Site.
You may not upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.
7. YOUR WARRANTIES
By your use of the Site, you represent and warrant that you have all the rights necessary to receive, use, transmit and disclose all data that you use in any way with the Site. You further represent and warrant that you and your employees and agents use of the Site and of any data input into or generated by the Site shall comply with all applicable laws, regulations and ordinances. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties or forfeitures occasioned by any such violations or lack of rights.
8. DISCLAIMER OF CONTENT
You understand and acknowledge that in the event that Content and/or User Content is originated by parties other than Jump Associates, Jump Associates assumes no responsibility to screen or review such content and Jump Associates shall have the right, but not the obligation, in its sole discretion to review, refuse, monitor, edit or remove any Content and/or User Content that is available on the Site. Jump Associates expressly disclaims all responsibility or liability to you or any other person or entity for the performance or nonperformance of such Content and/or User Content review. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT AND/OR USER CONTENT.
9. YOUR SUBMISSIONS
If you contact Jump Associates with information including, without limitation, feedback data (e.g., questions, comments, suggestions or the like) regarding the Site, Content, User Content, or any item on the Site (collectively, “User Feedback”), the User Feedback shall be deemed to be non-confidential and Jump Associates shall have no obligation of any kind with respect to the User Feedback. In addition, you agree and acknowledge that Jump Associates shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works and distribute the User Feedback to others without limitation, and to authorize others to do the same. Further, Jump Associates shall be free to use any ideas, concepts, know-how or techniques contained in the User Feedback for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and other items incorporating the User Feedback. Jump Associates shall not be liable or owe any compensation for the use or disclosure of the User Feedback.
The Site may provide links to third party websites, or third parties may provide links to other websites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by Jump Associates with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked website, and Jump Associates is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked website, including without limitation, the content provided on or through any such linked website or your reliance thereon. JUMP ASSOCIATES MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED WEBSITE. YOUR USE OF ANY LINKED WEBSITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked website is subject to the terms and conditions applicable to that website, including the privacy policies (or lack thereof) of such website.
11. JURISDICTIONAL ISSUES
Unless otherwise specified, the materials, information, products and services available on the Site are solely available in or applicable to the United States, its territories, possessions and protectorates. Jump Associates makes no representation that materials or information in this Site, or the products and services available on the Site, are appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to defend, indemnify and hold Jump Associates, its subsidiaries, affiliates, officers, directors, employees and agents, harmless from and against any third-party claim, action or demand (“Claim”) and all liabilities and settlements related thereto, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your misuse of the Site and/or its Content and/or User Content. Jump Associates shall provide notice to you promptly of such Claim and shall reasonably cooperate with you, at your expense, in your defense of any such Claim.
13. TRADEMARK INFORMATION
The JUMP®, JUMP ASSOCIATES™, and other trademarks appearing on this Site are owned and used by Jump Associates. Jump Associates uses these trademarks to distinguish its goods and services from those of others. The Site may also contain references to other entities’ trademarks and service marks. Such references are for identification purposes only and are used with permission of their respective owners. Jump Associates’s trademarks may not be used for any commercial use without the prior express written consent of Jump Associates. You may not use Jump Associates trademarks in any way that would cause confusion, disparagement, unfair competition or in a manner that would appear to create some association with Jump Associates or Jump Associates’s products or services.
14. INTELLECTUAL PROPERTY POLICY
Jump Associates respects others’ intellectual property rights and has made every effort to secure appropriate clearances for all content that Jump Associates directly makes available on the Site, and we ask our users to do the same in the event that Jump Associates permits users to upload, post, e-mail or otherwise transmit User Content on the Site. Jump Associates may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who it suspects to be infringers of intellectual property. Pursuant to the Digital Millennium Copyright Act (“DMCA”), Jump Associates has a designated agent to receive notices of alleged copyright infringement claims.
If you believe any material on the Site is infringing and has been posted by Jump Associates, our users or any other party, you may notify Jump Associates of the alleged infringement by contacting Jump Associates’s designated DMCA Agent at:
Jump Associates LLC
101 South Ellsworth Avenue, Suite 600
San Mateo, California 94401
1 (650) 373-7200
Please include the following information in your notice:
- Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s);
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address at which you may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- Your physical or electronic signature.
You understand and agree that Jump Associates may from time to time establish and revise practices and limitations concerning the Site and your use of the Site. You agree that Jump Associates shall have no liability for the deletion or failure to store any messages and other communications or other Content or User Content maintained on the Site or transmitted using the Site. This Agreement constitutes the entire agreement between you and Jump Associates and governs your use of the Site. You also may be subject to additional terms and conditions that may apply when you use third-party content available through the Site. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You and Jump Associates and any of its affiliates, employees, contractors, officers, or directors agree that this Agreement and the relationship between you and Jump Associates will be governed by the laws of the state of California, without respect to its conflict of laws provisions and that venue with respect to any dispute between you and Jump Associates will rest exclusively in the state and federal courts located in the state of California. The failure of Jump Associates to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site or this Agreement must be filed within one year after such claim or cause of action arose. Jump Associates may provide notice to you by email or regular mail.
The Site may also provide notice of changes to this Agreement from time to time by displaying notices to you on pages of the Site.
The section titles of this Agreement are merely for convenience and will not have any effect on the substantive meaning of this Agreement.
This Agreement was last updated January 2018.