Standard Terms & Conditions
JMG Software Engineering, Inc. (“JMGSE”) operates this website. The services offered by JMGSE include JMGSE-branded URLs and any other features, content, or applications offered from time to time by JMGSE in connection with JMGSE’s business (collectively “JMGSE Apps”). JMGSE Apps are hosted in the United States.
JMGSE may modify this Agreement from time to time and such modification shall be effective upon posting by JMGSE on JMGSE Apps. Your continued use of JMGSE Apps after JMGSE posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. You agree that unless explicitly stated otherwise, any new features that augment or enhance JMGSE Apps, and/or any new service(s) provided by JMGSE through JMGSE Apps will be subject to this Agreement.
Please choose carefully the information that you post on or through JMGSE Apps and that you provide to other Users. Your profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and JMGSE assumes no responsibility or liability for this material. If you become aware of misuse of JMGSE Apps by any person, please click on the “Contact” or the “Report Abuse” link at the bottom of JMGSE Application pages.
1. Eligibility. Use of JMGSE Apps and registration to be a Member for JMGSE Apps (“Membership”) is void where prohibited. In order to use JMGSE Apps, you must have or must obtain access to the World Wide Web, either directly or through devices that access web-based content. You must also provide all equipment necessary to make such (and maintain such) connection to the World Wide Web. By using JMGSE Apps, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older (or for non-U.S. Users, such older minimum age as may be required by applicable local law); (d) you are lawfully able to accept this Agreement; and (d) your use of JMGSE Apps does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if JMGSE believes that you are under 13 years of age (or for non-U.S. Users, such older minimum age as may be required by applicable local law), if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use JMGSE Apps or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member’s Account Settings page. JMGSE may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-1.
3. Username & Password. When you sign up to become a Member, you will also be asked to create a username and password. You are entirely responsible for maintaining the confidentiality of your username and password. You acknowledge and agree that you are prohibited from sharing your username and password with any unauthorized users, including our support staff. You are responsible for the confidentiality and use of your username and password. You should not email your username and password to anyone, including our support staff. If you forget your password, you may use the “Forgot Password” link to receive a new password to JMGSE Apps. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify JMGSE immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. To contact JMGSE regarding unauthorized use of your account, please email us at: firstname.lastname@example.org, using a Subject: Unauthorized Use.
4. Use by Members. JMGSE Apps are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by JMGSE. JMGSE reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of JMGSE Apps, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to JMGSE Apps, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. JMGSE reserves the right to take appropriate legal action for any illegal or unauthorized use of JMGSE Apps.
Except as permitted by this Agreement, no part of JMGSE Apps may be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means. You agree not to access JMGSE Apps by any means other than through the interface that are provided by JMGSE. You shall not license, rent, sell, lease, transfer, assign, distribute, display, host, outsource, disclose, or otherwise commercially exploit or make JMGSE Apps available to any third party other than an authorized User, including but not limited to, creating Internet Links to JMGSE Apps that include log-in information, including but not limited to, usernames, passwords, secure cookies, and/or “mirroring” or “framing” any part of JMGSE Apps.
5. Proprietary Rights in Content on JMGSE Website.
5.1 JMGSE does not claim any ownership rights in the text, files, or any other materials (collectively, “Content”) that you post on or through JMGSE Apps. After posting your Content to JMGSE Apps, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. JMGSE may re-publish and/or reference posted content on various JMGSE Apps platforms.
5.2 You represent and warrant that: (i) you own the Content posted by you on or through JMGSE Apps or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through JMGSE Apps does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through JMGSE Apps. You agree further to indemnify JMGSE for any liability arising from your Posting.
5.3 JMGSE Apps contains Content of JMGSE (“JMGSE Content”). JMGSE Content is protected by copyright, trademark, patent, trade secret and other laws, and JMGSE owns and retains all rights in the JMGSE Content and JMGSE Apps. JMGSE hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the JMGSE Content (excluding any software code) solely for your personal use in connection with viewing and using JMGSE Apps.
5.4 JMGSE performs technical functions necessary to offer JMGSE Apps, including but not limited to transcoding and/or reformatting Content to allow its use throughout JMGSE Apps.
6. Content Posted.
6.1 JMGSE may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of JMGSE violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. JMGSE assumes no responsibility for monitoring JMGSE Apps for inappropriate Content or conduct. If at any time JMGSE chooses, in its sole discretion, to monitor JMGSE Apps, JMGSE nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. All Content is posted “As-Is” and you use said Content “At-Your-Own-Risk.” You should always check with AN AUTORITATIVE SOURCE before relying on any Content posted on JMGSE Apps.
6.2 You are solely responsible for the Content that you post on or through any of JMGSE Apps, and any material or information that you transmit to other Members and for your interactions with other Users.
6.3 You understand that the technical processing and transmissions of Content is fundamentally necessary to your use of JMGSE Apps. You expressly consent to JMGSE’s interception and storage of Content and/or personal data, and you acknowledge and understand that transmission of Content over the Internet, and other various networks, only part of which may be owned and/or operated by JMGSE. You acknowledge and understand that changes to Content may occur in order to conform and adapt such data to the technical requirements of connecting networks or devices. You further acknowledge and understand that Content may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone, or other electronic means. You agree that JMGSE is not responsible for Content or personal data that is lost altered, intercepted, or stored without authorization during the transmission of any data whatsoever across networks not owned and/or operated by JMGSE.
7. Protecting Copyrights and Other Intellectual Property. JMGSE respects the intellectual property of others and requires that its users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. JMGSE has the right to terminate the Membership of infringers.
If you believe your work has been copied and posted on or through JMGSE Apps in a way that constitutes copyright infringement, please send JMGSE’s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on JMGSE Apps (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. JMGSE’s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, JMG Software Engineering, Inc, 12180 S. 300E, PO Box 1282, Draper, UT 84020-1282; Attn: Copyright Agent. JMGSE’s Copyright Agent for notification of claimed infringement can also be reached electronically by emailing us at: email@example.com, Subject: Copyright Agent. JMGSE provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works.
8. Member Disputes. You are solely responsible for your interactions with other Members. JMGSE reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
10. Disclaimers. JMGSE is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through JMGSE Apps, whether caused by Users of JMGSE Apps or by any of the equipment or programming associated with or utilized in JMGSE Apps and such User Content does not necessarily reflect the opinions or policies of JMGSE. Profiles and third-party applications created and posted by Members on JMGSE Apps may contain links to other websites. JMGSE is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by JMGSE. Inclusion of any linked website on JMGSE Apps does not imply approval or endorsement of the linked website by JMGSE. When you access these THIRD-PARTY sites, you do so at your own risk. JMGSE takes no responsibility for third party advertisements or third-party applications that are posted on or through JMGSE Apps, nor does it take any responsibility for the goods or services provided by its advertisers. JMGSE is not responsible for the conduct, whether online or offline, of any User of JMGSE Apps. JMGSE assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. JMGSE is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of JMGSE Apps or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with JMGSE Apps. Under no circumstances shall JMGSE be responsible for any loss or damage, including personal injury or death, resulting from use of JMGSE Apps, attendance at a JMGSE event, from any User Content posted on or through JMGSE Apps, or from the conduct of any Users of JMGSE Apps, whether online or offline. JMGSE Apps are provided “AS-IS” and as available and JMGSE expressly disclaims any warranty of fitness for a particular purpose or non-infringement. JMGSE cannot guarantee and does not promise any specific results from use of JMGSE Apps.
11. Limitation on Liability. IN NO EVENT SHALL JMGSE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF JMGSE APPS, EVEN IF JMGSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, JMGSE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO JMGSE FOR JMGSE APPS DURING THE TERM OF MEMBERSHIP.
12. International Users. JMGSE Apps is controlled, operated, and administered by JMGSE from its offices within the United States. If you access JMGSE Apps from a location outside the United States, you are responsible for compliance with all applicable laws. Software available in connection with JMGSE Apps (the “Software”) is further subject to United States export controls. No Software may be downloaded from JMGSE Apps or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
13. Disputes. This Agreement, and all legal issues arising from or related to the use of JMGSE Apps, shall be construed in accordance with and governed by the laws of the State of Utah applicable to contracts entered into and performed within the State of Utah, without respect to its conflict of laws principles. By using JMGSE Apps, you agree that the exclusive forum for any claims or causes of action arising out of your use of JMGSE Apps shall be either any state court for or within Salt Lake County, State of Utah and the United States District Court for the District of Utah. You hereby irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any such proceeding brought in such court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. 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. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. This Agreement constitutes the entire agreement between you and JMGSE with respect to the use of JMGSE Apps. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION (INLCUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
14. Indemnity. You agree to indemnify and hold JMGSE, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of JMGSE Apps in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through JMGSE Apps causes JMGSE to be liable to another.
15. Other. This Agreement is accepted upon your use of JMGSE Apps and is further affirmed by you becoming a Member. This Agreement, along with the Non-Exclusive Licensing Agreement through which you have access—which is incorporated herein by this reference—constitutes the entire agreement between you and JMGSE regarding the use of JMGSE Apps. The failure of JMGSE to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. JMGSE Apps is a trademark of JMG Software Engineering, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please email us at: firstname.lastname@example.org with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.