Terms of Use 

Effective Date: July 22, 2021

Welcome to the Jerr-Dan website (“Site”) operated JerrDan, LLC (“Jerr-Dan,” “we,” “us,” and “our”). Your use of the Site and the Jerr-Dan App (“App”) (together the “Services”) is  subject to terms and conditions of use described below (hereinafter “Terms of Use”) and Jerr-Dan’s Privacy Policy, available at https://www.jerrdan.com/privacy-policy.  The Services and any information, material, or content made available on or through the Services are subject to these Terms of Use. So, please read these Terms of Use carefully before accessing or downloading the App.  By visiting the Site or downloading and/or using the App, you acknowledge that you have read and reviewed the Terms of Use and Privacy Policy and agree to be bound by their terms.  

The Services include, but are not limited to, providing users with information related to rigging and towing capacity based on information provided by the user and any other functionalities of the Site or App.  These Terms of Use apply to any person who accesses or uses the Services (“users,” “you,” or “your”). 

If you do not agree to the Terms of Use, do not access or use the Services.

  1. Your use of the Services.

    You are granted a limited, non-exclusive, revocable right to access and use the App and Site solely for your personal use in connection with Jerr-Dan’s Services. In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit worms, viruses, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to modify, reproduce, or resell any part of the Services’ content; (j) for purposes of creating a competing product or service; or (k) in any manner other than the manner in which they are intended to be used unless you first obtain Jerr-Dan’s express written consent.

    Additionally, you may not:

    (a)   Modify, adapt, reverse engineer, or decompile software for the Services (“Software”), or otherwise attempt to derive source code;

    (b)  Use maillist, listserv, an auto-responder, or spam on the Software or Services, or any process that interferes with the functionality of the Software or Services;

    (c)   Record, process, or mine information about other users;

    (d)  Attempt to gain unauthorized access to the Services, Software, computer systems, or networks connected to the same;

    (e)  Use the Services to violate the security of any computer network, or disrupt or interfere with the security of or otherwise cause harm to the Software or Services;

    (f)  Crawl, scrape, index, or spider any page or portion of the Software or Services; or

    (g)  Otherwise use the Software or the Services except as expressly provided in the Terms of Use.

    Jerr-Dan reserves the right to terminate your use of the Services and any related website for violating any of the prohibited uses.

    You are solely responsible for (and agree that Jerr-Dan has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which you may suffer) of any such breach.

  2. Changes to the Terms of Use.

    Jerr-Dan reserves the right to change, modify, or discontinue the Services or any portion of the Services, including any and all content, at any time without notice to you.  Jerr-Dan reserves the right to modify or amend these Terms of Use at any time.  All changes will be effective immediately upon their posting on the Site.  If we make a material change to these Terms of Use, the Privacy Policy, or the Services, we will endeavor to notify you of that change.  By accessing the Services after any changes to these Terms of Use, you agree to all such changes.

  3. ELIGIBILITY

    By using our Services, you confirm that you accept these Terms of Use. You also confirm that You have reached the age of 18.You are responsible for all activity that occurs in association with your use of the Services.

    Full use of the Services is dependent upon your use of a mobile device and, in some cases, Internet access. The maintenance and security of such equipment may influence the performance of the Services and it is your responsibility to ensure the equipment’s functionality. You are responsible for all cellular, data, and Internet access charges. Please check with your cell phone carrier and Internet provider for information on possible data usage charges.

  4. UPDATES AND UPGRADES.

    From time to time, we may need to deploy or provide patches, updates, upgrades, additional content, or other modifications to the Services (for example for maintenance and enhancements, to add or remove features, or to resolve software bugs or address security concerns).

    These updates and upgrades may result in the Services being temporarily unavailable. In certain circumstances, we may need to suspend, withdraw, or disable the Services and/or software for longer periods while we deploy these updates and upgrades. If you do not install any update or upgrade then all of the functionality and features of the Services may not be available to you.

  5. Termination/Suspension.

    You agree that Jerr-Dan may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right to use or access all or any part of the Services without notice, for any reason in Jerr-Dan’s sole discretion, including, without limitation, violation of these Terms of Use or Jerr-Dan’s belief that your use or access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Jerr-Dan, another user, or any third party. 

  6. Privacy.

    When you use the Services, you are expressly agreeing and consenting to the collection and use of your personal information and other data as set forth in (and more fully described in) Jerr-Dan’s Privacy Policy. For more detail about what information we collect, please visit the Privacy Policy here: https://www.jerrdan.com/privacy-policy.

  7. Trademarks.

    Jerr-Dan, or third parties from whom Jerr-Dan has permission, own the trademarks and service marks that are used on the Services. All rights are reserved by Jerr-Dan and said third parties, and no implied rights are granted to you or any third parties.  These and other graphics, logos, service marks, trademarks, and trade dress of Jerr-Dan and its licensors may not be used without prior written consent of Jerr-Dan or its licensor, as the case may be.  Without limiting the foregoing, no Jerr-Dan trademark or trade dress may be used in connection with any product or service that is not Jerr-Dan’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Jerr-Dan.

  8. Copyright and Other Proprietary Rights.

    All proprietary content and materials on the Services including, without limitation, the Services’ layout, organization, design, and any graphics, text, icons, audio, video, and the like are protected by copyrights, trademarks, service marks, trade secrets, and other proprietary rights and laws.  You agree to comply with all applicable laws by not copying or using this proprietary content, except as allowed by these Terms of Use or by written consent of the owner of the proprietary rights.

    Jerr-Dan shall own all right, title, and interest in and to any feedback, submissions, ideas (including gift ideas, requests, or suggestions), concepts, know-how, or techniques (collectively, “Feedback”) that you submit to the Services or otherwise choose to share with Jerr-Dan through other communication channels for any purpose (including without limitation commercialization) and without compensation to you, subject only to Jerr-Dan’s Privacy Policy.  You hereby irrevocably assign to Jerr-Dan all rights that you may have in the Feedback and agree to execute and deliver such additional documents evidencing the assignment and transfer of rights in the Feedback as Jerr-Dan may reasonably request from time to time.

  9. Digital Millennium Copyright Act.

    If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number, and email address); (e) a statement that you have good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

     

    Our designated copyright agent to receive DMCA Notices is:

    Jessica Patla

    Legal Administrator

    JLG Industries

    12712 Crayton Blv.

    Hagerstown, MD 21742

    Phone: (240) 313-1829

    jipatla@jlg.com

     

    If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

     

    Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

    If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following: (a) your physical or electronic signature; (b) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; (c) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (d) a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (e) a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Services with the complaint at issue.

    The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter-Notice.

    Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

  10. CHILDREN’S PRIVACY.

    Individuals under the age of 16 are not permitted to use the Services. 

    We do not knowingly collect or solicit personal information from children under the age of 16 or knowingly allow such persons to use the Services. If we learn that we have collected any personal information from a child under 16, we will take reasonable steps to delete such information. Parents or guardians who believe that their child has submitted personal information to us and would like to have it deleted should contact us at dataprivacy@oshkoshcorp.com with the subject line: Children’s Privacy Deletion Request.

  11. Third-Party WEBSITES.

    The Services may contain links to other unrelated websites on the Internet. Jerr-Dan is not responsible for the content, accuracy, copyright compliance, decency standards, or other materials on such websites.  These Terms of Use do not apply to such unrelated websites and you should review the privacy policy and terms of use for any website that you visit.  Jerr-Dan is not liable for any losses or damages incurred as the result of your dealings with such third parties.

  12. Disclaimer of Warranties.

    THE SERVICESAND ALL CONTENT MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED BY JERR-DAN ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NO WARRANTY IS MADE REGARDING THE ACCURACY, ADEQUACY, COMPLETENESS, LEGALITY, RELIABILITY, OR USEFULNESS OF THE SERVICES. JERR-DAN DOES NOT WARRANT THAT THE SERVICES, ITS SERVERS, OR E-MAIL OR OTHER COMMUNICATIONS SENT FROM THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL EFFECTS.  Neither Jerr-Dan, its affiliates, any third party supplier, nor their respective officers, directors, employees, or agents, are responsible or liable to you under any theory of liability or indemnity in connection with or related to your access or use of the Services or any of its content.

  13. LIMITATION OF LIABILITY.

    YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT YOU ARE USING OUR SERVICES IN CONNECTION WITH TOWING OR USE OF ANY RELATED EQUIPMENT: (i) YOU SOLELY ARE RESPONSIBLE FOR THE USE OF THE EQUIPMENT AND ANY TOWING YOU PERFORM; (ii) YOU HAVE READ AND UNDERSTOOD THE APPLICABLE OPERATOR AND SAFETY MANUAL FOR ALL SUCH EQUIPMENT; (iii) YOU HAVE BEEN PROPERLY TRAINED IN YOUR USE OF THE EQUIPMENT AND ARE AUTHORIZED TO SO USE SUCH EQUIPMENT; AND (iv) YOU HAVE READ, UNDERSTAND AND WILL OBEY ALL APPLICABLE EMPLOYER, LOCAL, AND GOVERNMENTAL REGULATIONS RELATED TO YOUR USE OF SUCH EQUIPMENT AND ANY SUCH TOWING.

    THE INFORMATION PROVIDED BY THE SERVICES IS DEPENDENT ON YOU ENTERING ACCURATE INFORMATION.  YOUR USE OF ANY INFORMATION PROVIDED BY THE SERVICES IS AT YOUR OWN RISK AND JERR-DAN IS NOT REPSONSIBLE FOR YOUR USE OF THE INFORMATION.

    FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, JERR-DAN WILL NOT BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF THE SERVICES OR ANY OF ITS CONTENT. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF DATA OR DAMAGE TO YOUR DEVICE OR OTHER EQUIPMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, TO THE EXTENT PERMISSIBLE BY LAW, JERR-DAN’S AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

    SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES.  ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY.

     

  14. Indemnification.

    You agree to indemnify, defend, and hold harmless Jerr-Dan, its owners, officers, representatives, directors, employees, consultants, third-party suppliers, and agents from any and all losses, expenses, claims, liabilities, damages, and costs (including, without limitation, attorneys’ fees) arising from or related to (a) your use of the Services; (b) your use of any material, information, or data downloaded or otherwise obtained from the Services; (c) your violation of these Terms of Use; or (d) your infringement of any intellectual property or other right of Jerr-Dan or any other person or entity.

  15. GOVERNING LAW.

    All matters arising out of or relating to these Terms of Use are governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Pennsylvania. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply. Although you and Jerr-Dan are agreeing to arbitrate any dispute between us below, you and Jerr-Dan expressly agree to submit to the exclusive jurisdiction and venue of the state or federal courts in the Commonwealth of Pennsylvania, United States of America, in all disputes arising out of or relating to the use of the Services. Jerr-Dan’s failure to enforce any right or provision of the Terms of Use does not constitute a waiver of that right or provision.

  16. Interpretation and Disputes.

    (a)        YOU AND JERR-DAN ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

    ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OR PURCHASE OF SERVICES WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

    (b)        The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 16. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

    Except as provided in Section 16(d), below, the arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Terms of Use are void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

    We will be responsible for paying any individual consumer’s arbitration/arbitrator fees.  If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

    (c)        You may elect to pursue your claim in small-claims court in the Commonwealth of Pennsylvania rather than arbitration if you provide us with written notice of your intention do so within sixty (60) days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

    (d)       You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR JERR-DAN WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall not consolidate more than one (1) person's claims and shall not otherwise preside over any form of a representative or class proceeding.  The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction located in the Commonwealth of Pennsylvania. 

    (e)        If any provision of this Section 16 is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced; provided, that in the event Section 16(d) is found to be unenforceable, all of Section 16 shall be deemed null and void and of no effect.

  17. Entire Agreement.

    These Terms of Use and the Jerr-Dan Privacy Policy constitute the entire agreement between you and Jerr-Dan relating to the Services and any content and materials obtained through the Services, and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Jerr-Dan.  These Terms of Use will inure to the benefit of Jerr-Dan’s successors and assigns.

  18. Contact Us.

    If you have questions, complaints, or claims about the Services or these Terms of Use, please contact us using the information below:

    Jessica Patla

    Legal Administrator

    JLG Industries

    12712 Crayton Blv.

    Hagerstown, MD 21742

    Phone: (240) 313-1829

    jipatla@jlg.com

     

  19. MISCELLANEOUS.

    Notwithstanding anything to the contrary in the Terms of Use, if any portion of the Terms of Use is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, the Terms of Use as a whole shall not be deemed unlawful, void, or unenforceable, and only that portion of the Terms of Use that is unlawful, void, or unenforceable shall be stricken from the Terms of Use.

    The headings contained in the Terms of Use are for convenience of reference only, are not to be considered a part of the Terms of Use, and shall not limit or otherwise affect in any way the meaning or interpretation of the Terms of Use.

    All covenants, agreements, representations, and warranties made in the Terms of Use that by their nature should survive, as may be amended by Jerr-Dan from time to time, shall survive your acceptance of the Terms of Use and the termination of the Terms of Use.

  20. APPLE-SPECIFIC TERMS.

The following Apple-specific terms will only apply if you have downloaded the App from the Apple App Store, and are in addition to the other provisions of these Terms of Use (and if there is any conflict or inconsistency between the other terms of these Terms of Use and these Apple-specific terms, these Apple-specific terms will apply).

  • These Terms of Use are agreed between you and us only, not with Apple. We are solely responsible for the App and its contents.
  • The license we grant you in the ‘Intellectual Property Rights’ section above is limited to Apple-branded products only, and remains non-transferable (except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing).
  • Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
  • Apple has no warranty obligation whatsoever with respect to the App, and any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty (if any) will be our sole responsibility.
  • We, and not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection privacy or similar legislation, including in connection with (if any) the App’s use of the HealthKit and HomeKit frameworks.
  • In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
  • You promise that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • You must comply with applicable third-party terms of agreement when using the App.
  • Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use (which means that they can rely on the terms of the Terms of Use that benefit them, even though they have not entered into them). Upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary.