- Your use of the Services.
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
Jerr-Dan reserves the right to terminate your use of the Services and any related website for violating any of the prohibited uses.
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.
- 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.
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.
- Copyright and Other Proprietary Rights.
- 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:
12712 Crayton Blv.
Hagerstown, MD 21742
Phone: (240) 313-1829
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.
- 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 firstname.lastname@example.org with the subject line: Children’s Privacy Deletion Request.
- Third-Party WEBSITES.
- 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.
- 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.
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.
- GOVERNING LAW.
- 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.
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.
- Entire Agreement.
- Contact Us.
12712 Crayton Blv.
Hagerstown, MD 21742
Phone: (240) 313-1829
- APPLE-SPECIFIC TERMS.