TERMS OF SERVICE
Revised: Dec 1st, 2023
1. ACCEPTANCE OF TERMS
Juggle Inc. (“Juggle”) provides certain technology-enabled services and products, including the platform branded as “Juggle”, including those but not limited to https://juggleapps.com/, https://www.juggletribe.com/, and related websites, any and all Mobile Apps (as defined below), including the Mobile App branded as “Juggle”, and other related software, content, and services, including all versions and upgrades thereto (collectively, the “Services”). Your use of the Services is subject to and governed by the terms and conditions in this Terms of Service (this “TOS”). Juggle may, at its discretion, update this TOS at any time. You can access and review the most current version of this TOS at the URL for this page or by clicking on the “Terms of Service” link within the Services, or as otherwise made available by Juggle.
PLEASE REVIEW THIS TOS CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS TOS AND ANY COMMUNITY GUIDELINES POSTED ON THE SERVICES OR OTHERWISE COMMUNICATED TO YOU BY JUGGLE (“COMMUNITY GUIDELINES”), INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS TOS AND THE COMMUNITY GUIDELINES, YOU MAY NOT ACCESS OR USE THE SERVICES.
THIS TOS REQUIRES FINAL AND BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THIS TOS, OR YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THIS TOS, AND YOU AGREE THAT ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 18 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.
You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have the right, authority and capacity to agree to and abide by this TOS; (c) are not a person barred from using the Services by Juggle or under the laws of any applicable jurisdiction; and (d) you are not a registered or convicted sex offender. THE SERVICES ARE NOT INTENDED FOR USERS UNDER (x) THE AGE OF 13 OR, (y) IF YOU ACCESS THE SERVICES IN A JURISDICTION WHOSE LEGAL AGE TO FORM A BINDING CONTRACT IS GREATER THAN 13, AT LEAST SUCH GREATER AGE, AND SUCH USERS ARE EXPRESSLY PROHIBITED FROM SUBMITTING ANY PERSONAL DATA OR USING ANY ASPECT OF THE SERVICES, AND BY TAKING SUCH ACTIONS YOU AGREE, REPRESENT, AND WARRANT THAT YOU ARE 13 YEARS OF AGE OR OLDER OR SUCH GREATER APPLICABLE AGE. IF YOU ARE OLD ENOUGH TO ACCESS THE SERVICES IN YOUR JURISDICTION, BUT NOT OLD ENOUGH TO HAVE AUTHORITY TO CONSENT TO THIS TOS, YOUR PARENT OR GUARDIAN MUST AGREE TO THIS TOS ON YOUR BEHALF. IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU ALLOW YOUR TEENAGER TO USE THE SERVICES, THEN THIS TOS SHALL ALSO APPLY TO YOU AND YOU ARE RESPONSIBLE FOR YOUR TEENAGER’S ACTIVITY ON THE SERVICES.
If you are entering into this TOS on behalf of a company or other legal entity, you represent and warrant that you are authorized and lawfully able to bind such entity to this TOS, in which case the term “you” shall refer to such entity. IF YOU DO NOT HAVE SUCH AUTHORITY, YOU MAY NOT ACCESS OR USE THE SERVICES.
If you are a member of or are subject to the rules or regulations of any association, group, authority or organization which regulates an activity in which you engage, either professionally or at an amateur level, including but not limited to the National College Athletic Association, you represent and warrant that you have reviewed the applicable rules and regulations to verify and confirm that your participation in the Services does not or will not violate the rules and regulations thereof or affect your current or future standing or eligibility with respect to any such association, group, authority or organization.
2. RIGHTS AND THE SERVICES
(a) Grant. Subject to and conditioned on your compliance with this TOS, the Community Guidelines and any other policies of Juggle which are accessible or provided to you, Juggle hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services solely in a manner intended and allowable by this TOS, the Community Guidelines and any other policies of Juggle which are accessible or provided to you.
(b) Mobile Apps. Juggle may make available mobile software applications for access to and use of certain components of the Services (collectively, “Mobile Apps”). Your access to and use of Mobile Apps is subject to and governed by this TOS. If any Mobile App is downloaded by you from the iTunes App Store, Windows Phone Store, Amazon Appstore, Google Play or any similar service (an “App Store”), your use of such Mobile App is further subject to your compliance in all material respects with the terms and conditions of the applicable usage rules set forth by such App Store. This TOS is between you and Juggle only, and not with the proprietor of any App Store (a “Third Party Proprietor”), and no Third Party Proprietor is responsible for Mobile Apps and the contents thereof; however, any Third Party Proprietor and its subsidiaries are third-party beneficiaries of this TOS with respect to Mobile Apps.
(c) Trademarks. You may not use Juggle names, brands, trademarks, service marks and logos that Juggle makes available on the Services (“Marks”). Juggle claims trademark protection over all such Marks and you will not use the Marks except as expressly authorized herein. You will not remove or alter the Marks or any proprietary notices on the Services. The Marks may not be included in or as part of any registered corporate name, any other logo, or service or product name. You may not create any derivative works of the Marks or use the Marks in a manner that creates or reasonably implies an inaccurate sense of endorsement, sponsorship, or association with Juggle. You will not otherwise use business names or logos in a manner that can mislead, confuse, or deceive any third party. All use of the Marks and all goodwill arising out of such use, will inure to Juggle’s benefit.
(d) Location-Based Services. You may be provided the ability to enable certain features of the Services that rely upon device-based location information using GPS (or similar technology, where available) and crowdsourced Wi-Fi access points and cell tower locations (the “Location Services”) and which require Juggle and its partners and licensors to collect, use, transmit, process and maintain your location data, including but not limited to the geographic location of your device and information related to your account and device type. When Location Services are enabled, you hereby consent to the sharing of any location data associated therewith with any other user of the Services to which you are connected. You may withdraw consent to Juggle and its partners’ and licensors’ collection, use, transmission, processing and maintenance of location data at any time by not using the Location Services and turning off such Location Services. Any location data provided by the Services is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data my lead to death, personal injury, or property or environmental damage. JUGGLE AND ITS PARTNERS AND LICENSORS DO NOT GUARANTEE THE AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY OR TIMELINESS OF LOCATION DATA OR ANY OTHER DATA DISPLAYED BY THE SERVICES. LOCATION SERVICES ARE NOT INTENDED OR SUITABLE FOR USE AS AN EMERGENCY LOCATOR SYSTEM.
(e) Data. You represent, warrant and agree that you possess all rights to provide any and all data you upload, transmit or otherwise provide or make available to Juggle, including without limitation, the personal information of any other person. You acknowledge and agree that you are solely responsible for all such data and that: (i) you will evaluate and bear all risks associated with its use and distribution of all such data; (ii) you are responsible for protecting and backing up all such data; (iii) you are responsible for protecting the confidentiality of all such data in your possession and control; and (iv) under no circumstances will Juggle be liable in any way for the content of any such data, including, but not limited to, any errors or omissions in any such data, or any loss or damages of any kind incurred as a result of your use, deletion, modification, or correction of any such data. You have full discretion and control on how to store, protect, remove or delete any such data on the Services and Juggle shall have no liability for any damages caused by such deletion or removal of or failure to store or protect any such data.
4. PROPRIETARY RIGHTS
(a) You grant Juggle and its service providers a worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, host, cache, display, publish, analyze, create derivative works from, publicly perform, publicly display, distribute, make and have made all content (in any form and any medium, whether now known or later developed) that you provide in connection with the Services (“User Content”). This license includes a right for us to make User Content available to, and to pass these rights along to, service provides with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services. You acknowledge and agree that the technical processing and transmission of data associated with the Services, may require: (i) transmissions over various networks and across borders; and (ii) modifications to conform, connect, and adapt to technical requirements of networks or devices. Any provision or use of User Content by you is entirely at your own risk. You further grant us a royalty-free license to use your user name, image, voice and likeness to identify you as the source of any User Content; provided, however, that your ability to provide an image, voice or likeness may be subject to limitations due to age restrictions.
(b) By posting User Content to or through the Services, you agree, represent and warrant that you own such User Content, or that you have received all necessary permissions, clearances, and authorizations in order to submit such User Content to the Services (including, if applicable, the right to make mechanical reproductions of the musical works embodied in any sound recordings, synchronize any compositions to any content, publicly perform any compositions or sound recordings, or any other applicable rights for any music not provided by Juggle that you include in your content) and grant the rights and licenses contained in this TOS for your User Content.
(c) By posting User Content to or through the Services and designating such User Content as non-private, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content and you grant Juggle, our affiliates, other users of the Services, and our business partners all of the same rights you granted for non-public User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your publicly-displayed User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or through the Services.
(d) Juggle has the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to the Services constitutes a violation of their intellectual property rights, or of their right to privacy.
(e) While Juggle is not required to do so, Juggle, or authorized third parties, reserve the right to cut, crop, edit or refuse to publish your content at our or their sole discretion. Juggle has the right to remove, disallow, block or delete any posting you make on our Services if, in Juggle’s opinion, your post does not comply with the content standards set out in this TOS or in the Community Guidelines. In addition, Juggle has the right, but not the obligation, in its sole discretion to remove, disallow, block or delete any User Content in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, Juggle recommends that you save copies of any User Content that you post to the Services on your personal device(s). Juggle does not guarantee the accuracy, integrity, appropriateness or quality of any User Content or that the User Content will remain available on the Services for any period of time, and under no circumstances will Juggle be liable in any way for any User Content.
(f) The Services provided to you hereunder or available to you through the Services are licensed, not sold, and Juggle retains and reserves all rights not expressly granted in this TOS. You acknowledge and agree that, as between you and Juggle, Juggle and its licensors own all rights, title and interest (including all intellectual property rights) in the Services and all data, content, and other materials within the Services. The Services are protected by U.S. and international copyright and other intellectual property laws and treaties. Juggle reserves all rights not expressly granted to you in this TOS.
5. ACCOUNT INFORMATION
In order to access certain features or resources of the Services, you will be asked to provide certain information and/or create an account through our online registration process. You represent and warrant to us that any and all information you provide during such registration or at any other time through the Services is (i) true, accurate, current, and complete, and (ii) accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account information or password), you should immediately notify Juggle. You may be liable for the losses incurred by Juggle or others due to any unauthorized use of your account. We reserve the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of this TOS.
6. USER CONDUCT AND RESTRICTIONS
(a) You agree that you are solely responsible for your User Content and for compliance with all laws pertaining to the User Content, including, but not limited to, laws requiring you to obtain the consent of a third party to use the User Content and to provide appropriate notices of third party rights. Under no circumstances will Juggle be liable in any way for any (i) content that is transmitted or viewed while using the Services, (ii) errors or omissions in any content transmitted or viewed while using the Services, or (iii) any loss or damage of any kind incurred as a result of the use of, access to or denial of access to any such content.
(b) You are responsible for compliance with all recording laws. By using the Services, you give Juggle consent to record and store recordings of all calls made through the Services (each, a “Call”). You may not make a recording of any component or feature of the Services, including any Call, except through the Services and in accordance with this TOS. Any recording by any device of any component or feature of the Services, including any Call (a “Non-Permitted Recording”) is a violation of this TOS, and Juggle may, with or without notice to you, immediately suspend or terminate your access and use of the Services and require you to (i) promptly delete and/or destroy any such Non-Permitted Recording(s) in your control or possession, (ii) remove all copies from any social media platform, (iii) instruct any third party recipient of a Non-Permitted Recording to do the same and (iv) take any other action Juggle reasonably requests, including identifying each such third party recipient.
(c) In your use of the Services, you will comply with the Community Guidelines and will not:
(i) use, reproduce, modify, adapt, create derivative works from, sublicense, publicly perform, publicly display, distribute, sell, lease, rent, make, have made, assign, pledge, transfer or otherwise grant rights to the Services, except as expressly permitted under this TOS;
(ii) reverse engineer, disassemble, decompile, translate, or otherwise attempt to derive trade secrets, algorithms, or the source code, architectural framework or data records within or associated with the Services;
(iii) interfere with or disrupt the integrity or performance of the Services, including by disrupting the ability of any other person to use or enjoy the Services;
(iv) provide use of the Services on a service bureau, rental or managed services basis, provide or permit other individuals or entities to create Internet "links" to the Services or "frame" or "mirror" the Services on any other server or wireless or Internet-based device;
(v) access the Services for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Services;
(vi) display unsolicited or unauthorized advertising, solicitations, promotional materials or any other prohibited form of solicitation;
(vii) violate any applicable local, state, provincial, federal or international law or regulation, or use the Services for any illegal, unauthorized or otherwise improper purposes, including to store or transmit malicious code, or to store or transmit material in violation of third-party privacy rights;
(viii) remove or obscure any proprietary notice that appears within the Services;
(ix) impersonate any person or entity, including Juggle personnel, or falsely state or otherwise misrepresent your affiliation with Juggle or any other entity or person;
(x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
(xi) take any action that imposes an unreasonable or disproportionately heavy load on the Services or its infrastructure;
(xii) use the Services in a way that would distract you from obeying traffic or safety laws;
(xiii) purport to hold any license, expertise or qualification (including any such licenses or qualifications which would allow you to practice law, medicine or any other regulated professional activity) which you do not hold or from which you have been suspended permanently or temporarily; or
(xiv) use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Services; or download, reproduce or archive any substantial portion of the Services.
(d) You will not upload, post, email, store, transmit or otherwise make available any content that:
(i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable, which includes, without limitation:
(a) Any illegal activities, including advertising, transmitting or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography. Juggle will cooperate fully with any criminal investigation into a user’s violation of the Child Protection Act concerning child pornography. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years;
(b) Pornography or nudity, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts;
(c) any material which may intimidate or harass another, or may promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(d) any material that is otherwise racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
(e) activities that may be harmful to others, Juggle’s operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, Ponzi and pyramid schemes, phishing, or pharming), or engaging in other deceptive practices; and
(f) content that is excessively violent, incites violence, threatens violence or contains harassing content or hate speech;
(ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement);
(iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
(iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation;
(v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;
(vi) contains infringing, libelous, defamatory or otherwise unlawful or tortious material; or
(vii) consists of information that you know or have reason to know is false or inaccurate.
Notwithstanding anything herein to the contrary, Juggle reserves the right, at any time and without prior notice, to remove or disable access to content, including User Content, at its discretion for any reason or no reason and to notify third parties, including law enforcement, if you fail to comply with this TOS or any Community Guidelines.
(e) In your use of the Services, you agree to comply with the Federal Trade Commission’s Guides Concerning Endorsements and Testimonials (“Endorsement Guides”). You agree to participate in any training we require on our endorsement policies, which are designed to ensure compliance with the Endorsement Guides. You must clearly and conspicuously disclose your “material connection” with any third party, making it clear that you are a paid influencer and have received free products from any such third party. You must place the disclosure in plain sight in close proximity to any audio or visual communications that you make about such third party, its brands or its products. You may not “bury” the disclosure in a link or place the disclosure within a string of hashtags or other disclosures. Juggle requires this disclosure regardless of any space limitations of the Services. If you are unable to properly disclose your “material connection” in accordance with the Endorsement Guides, you agree not to use the Services for such purpose. You agree that any communication you make through the Services about any third party product shall be factual and which you know to be true and can be proven or verified.
(f) In addition to the other requirements herein stated, your use of the Services must, at all times, be compliant with the Community Guidelines, and Juggle reserves the right to remove any post or User Content it deems, in its sole discretion, to be in violation of its Community Guidelines or this TOS, or for any or no reason, at Juggle’s discretion, and to suspend or terminate your account.
(g) Juggle’s failure to enforce any of these restrictions, requirements or guidelines shall not act as a waiver for any future enforcement, will not be considered a breach of this TOS by Juggle and does not create a private right of action for any other party.
7. NO LIABILITY FOR USER CONDUCT AND CONTENT
Although Juggle has put in place measures to prevent users from violating the terms of this TOS, you acknowledge and agree that Juggle does not control the conduct of users, including the conduct of any user during a Call, and you agree that Juggle shall have no liability to you for any such conduct, regardless of the nature of the user conduct and regardless of such conduct’s violation of this TOS or any Community Guidelines or other Juggle policies. Whether the User Content of other users of the Services or any other content on the Services is posted publicly or sent privately, the User Content of other users of the Services and any other content on the Services is the sole responsibility of the user or entity that submitted it. Although Juggle reserves the right to review or remove all content that appears on the Services, Juggle does not guarantee or promise that it will review all content. Juggle cannot, and does not, guarantee that other users or the content they provide through the Services will comply with this TOS, the Community Guidelines, or any other Juggle policies.
(a) Paid Services. If you purchase any of our paid Services (“Paid Services”), you agree to pay the applicable fees and taxes as set forth in the order confirmation page (“Fees”) in accordance with terms set forth herein and any additional terms set forth on the Services.
(b) Payment Terms and Third Party Providers. All payments will be made in United States dollars and are non-refundable. You hereby (i) acknowledge and agree that Juggle uses or may use a third party payment provider in connection with its collection of Fees, (ii) acknowledge and agree that Juggle will not be responsible for any payments or charges as a result of your failure to provide up-to-date and accurate information to any such third party payment provider, and (iii) acknowledge and authorize Juggle and its third-party payment processors to charge all Fees to your chosen payment method.
(c) Taxes. All Fees exclude any and all taxes and similar fees now in force, enacted or imposed in the future on the transaction, delivery of the Services, including any sales, use or value added taxes, goods and services tax, consumption tax, customs duties or similar charges, but excluding withholding taxes and taxes solely based on Juggle’s net income, and you shall be responsible for payment of all such taxes, duties and charges, and any related penalties and interest arising from the payment of such amounts.
9. DATA CHARGES AND MOBILE PHONES
You are responsible for any mobile charges that you may incur for using the Services, including text-messaging (such as SMS, MMS or future such protocols or technologies) and data charges. By providing Juggle with your mobile phone number, you agree to receive SMS messages from Juggle related to the Services, including about promotions, your account and your relationship with Juggle. These SMS messages may be made to your mobile phone number even if your mobile phone number is registered on any state or federal Do Not Call list, or international equivalent. If you change or deactivate the mobile number that you used to create an account, you must update your account information within your account on the Services or by emailing firstname.lastname@example.org to prevent Juggle from sending messages intended for you to someone else.
10. LAW ENFORCEMENT REQUESTS
- Juggle may share information regarding you and your use of the Services if a government authority requests information or if Juggle, in its sole discretion, believes that disclosure is required or appropriate in order to comply with any laws, regulations or legal process, or to prevent or report a criminal act. Juggle may also share information with law enforcement, government officials or other third parties if Juggle thinks doing so is necessary to protect the rights, property or safety of Juggle, Juggle’s employees, any users of the Services, any creator or the public.
If you elect to provide or make available to Juggle any suggestions, comments, ideas, improvements or other feedback relating to the Services (“Feedback”), Juggle shall own and be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Feedback in any form and any medium (whether now known or later developed), without credit or compensation to you.
12. DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES
You shall indemnify and hold Juggle and its affiliates, and each of their officers, directors, employees, agents, partners and licensors (collectively, “Juggle Parties”) harmless from and against all losses, damages, costs, liabilities, and expenses, including reasonable attorneys’ fees (collectively, “Losses”), to the extent resulting from or arising out of any third party claim, demand, or action due to (a) content you provide to or through Juggle, including, without limitation, User Content; (b) your violation of this TOS, the Community Guidelines, any Juggle policy, any law or regulation or any rights (including intellectual property rights) of another party; or (c) your use of the Services, except as expressly permitted in this TOS, the Community Guidelines and any Juggle policy.
14. DISCLAIMER OF WARRANTIES
(a) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JUGGLE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).
(b) JUGGLE PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE; (III) THE INFORMATION AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, OR COMPLETE; OR (IV) THAT THE QUALITY OF THE SERVICES WILL MEET ANY STANDARD OF CARE OR WILL BE TO YOUR SATISFACTION. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ANY INFORMATION, MATERIAL OR CONTENT ACCESSIBLE TO OR MADE AVAILABLE TO YOU ON OR THROUGH THE SERVICES OR OTHERWISE BY JUGGLE.
(c) ALL CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING USER CONTENT, IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL CONTENT, INCLUDING USER CONTENT, BEFORE TAKING OR OMITTING ANY ACTION.
(d) ANY CONTENT OR INFORMATION, INCLUDING USER CONTENT, PROVIDED VIA THE SERVICES, THE COMMUNITY GUIDELINES OR JUGGLE DOES NOT CONTAIN OR CONSTITUTE AND SHOULD NOT BE INTERPRETED AS THERAPY OR AS MEDICAL, FINANCIAL, LEGAL OR ANY OTHER PROFESSIONAL ADVICE OR ANY OTHER ADVICE WHATSOEVER.
15. LIMITATION OF LIABILITY
(a) JUGGLE PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA OR GOODWILL, OR COST OF COVER, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS, OR FINANCIAL LOSS, EVEN IF JUGGLE PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL JUGGLE PARTIES’ TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THIS TOS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES OR CONTENT EXCEED THE AMOUNT OF FEES PAID BY YOU TO JUGGLE DURING THE TWELVE MONTHS PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY.
(b) THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
16. SUSPENSION AND TERMINATION
(a) Either party may terminate this TOS at any time. If you are accessing the Services pursuant to a monthly, annual or other subscription for Paid Services (each, a “Subscription”), any termination of this TOS prior to the end of the current billing period will take effect at the end of the current billing period. If you do cancel your Subscription, you will continue to have access to the relevant portions of the Services through the end of your billing period. You must cancel your Subscription prior to 11:59 p.m. UTC on the day before your next recurring billing date in order to avoid being charged for the next billing period. If you do not timely cancel your Subscription, your Subscription will be renewed at the price in effect at the time of renewal or the price provided in the terms of your trial or promotion, without any additional action by you, and you authorize us to charge your payment method for such amounts. To cancel a Subscription, you may navigate to your account and follow the instructions provided therein, or reach out to Juggle at email@example.com .
(b) If you violate this TOS, Juggle may, with or without notice to you, immediately suspend or terminate your access and use of the Services.
(c) Juggle reserves the right at any time to modify, suspend, or discontinue the Services (or any portion thereof) with or without notice and for any or no reason, and Juggle shall not be liable to you or any third party for any such modification or discontinuance;
(d) Upon termination of this TOS for any reason: (i) Juggle, in its sole discretion, may remove and discard your User Content and information; (ii) you will immediately cease your use of the Services; and (iii) any provision that, by its terms, is intended to survive the expiration or termination of this TOS shall survive such expiration or termination. Further, you agree that Juggle shall not be liable to you or any third party for any termination of your account or access to the Services.
17. GOVERNING LAW
This TOS shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of Delaware, without regard to conflict of laws principles. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to this TOS, regardless of the states in which the parties do business or are incorporated.
18. BINDING ARBITRATION AND CLASS ACTION WAIVER
(a) ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THIS TOS AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
(b) The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Dallas, Texas or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
(c) WE EACH AGREE THAT ALL CLAIMS SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR OTHER SIMILAR PROCESS (INCLUDING ARBITRATION). IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN [SAN FRANCISCO, CALIFORNIA]. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
(d) Notwithstanding anything to the contrary, you and Juggle may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect its intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section 18.
(e) If Juggle implements any material change to this Section 18, such change shall not apply to any claim for which you provided written notice to Juggle before the implementation of the change.
19. LEGAL COMPLIANCE
You represent and warrant that you will comply with all applicable foreign, federal, state, and local laws, rules and regulations, including without limitation, U.S. export laws and import and use laws of the country where the Services are delivered or used and you are not: (a) located in a country that is subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List.
20. U.S. GOVERNMENT ENTITIES
This section applies to access to or use of the Services by a branch or agency of the United States Government. The Services includes “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 and qualifies as “commercial items” as defined in 48 C.F.R. 2.101. Such items are provided to the United States Government: (a) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (b) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 and 227.7202-3. The United States Government shall acquire only those rights set forth in this TOS with respect to such items, and any access to or use of the Services by the United States Government constitutes: (i) agreement by the United States Government that such items are “commercial computer software” and “commercial computer software documentation” as defined in this section; and (ii) acceptance of the rights and obligations herein.
21. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been made available through the Services in a way that constitutes copyright infringement, please provide Juggle’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description 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; (c) a description of the material that you claim is infringing and where that material may be accessed within the Services; (d) your address, telephone number and email address; (e) a statement by you 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; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please contact Juggle’s Agent for Notice of Copyright Claims. Juggle’s Agent for Notice of Copyright Claims can be reached as follows:
Agent for Notice of Copyright Claims
709 N. FM 1187, Suite 800 #20
Aledo, TX 76008
22. CALIFORNIA USERS & RESIDENTS
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
23. GENERAL PROVISIONS