JERKALERT'S TERMS OF USE (TOU)

 

 

 JERKALERT, INC located at:

P.O. Box 3155 E. PATRICK LN, STE 1
LAS VEGAS NV  89120
(800)371.2473


Please read the Agreement for Terms of Use (TOU) carefully before registering for membership. By registering, you agree to be bound by the terms and conditions of this Agreement (the "Terms"). If you do not agree to this  TOU, you are prohibited from using the JERKALERT (JA) website or any of its services.

 

The Terms are subject to change by at any time, without notice to you directly. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located on each of our Web pages. Persons who are under 14 years old may not register without an adult. By registering with with our site you represent and warrant that you are at least 14 years old.

 

We reserve the right to immediately suspend or terminate any registration, without notice, upon any breach of this Agreement by you and which is brought to our attention or for any other reason at our sole discretion.


SERVICES PROVIDED

JERKALERT.NET is a website providing users a venue for posting ratings, reviews and recommendations on events, activities, services and products via the internet.  The JA website also providing access to a variety of resources, including without limitation download areas, communication forums and documents and database (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

 

PERSONAL, NON-COMMERCIAL USE

Your registration is for your sole, personal use. You are not authorized to let others use your log on information. No transfers or other assignments  to any other person or entity are allowed. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services. Unless otherwise specified, the Services are for your personal and non-commercial use.


OWNERSHIP

All content included on our Web pages, such as graphics, logos, articles and other materials, is the property of our organization or others and is protected by copyright and other laws.  All trademarks and logos displayed on our Web pages are the property of their respective owners, who may or may not be affiliated with our organization.  Nothing contained on our Web pages should be construed as granting, by implication, estoppal, or otherwise, any license or right to use any content or trademark displayed on our Web pages without the written permission of our organization or such other third party that may own the content or trademark displayed on our Web pages.


PRIVACY AND PERSONAL INFORMATION

INFORMATION SUPPLIED BY YOU

Except as provided otherwise in this site's privacy notice and policy, JA will keep confidential all personal information supplied by you to the website as or for the purpose of creating a membership, and shall use or disclose such information only for the purposes for which such information was collected, or as required by law. You agree to maintain a current email address on file as long as your account remains active. Please see our Privacy Statement for full details governing collection and use of your personal information.


CONFIDENTIAL INFORMATION
JA does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to JA will be deemed NOT to be confidential. By sending JA any information or material, you grant JA an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that JA is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally identifiable information that you submit to JA for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see our Privacy Terms and Conditions for information regarding JA's privacy policies.


CERTAIN DISCLAIMERS
Information on this Web site is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. JA assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site.

Further, JA provides no assurances that we will resolve any reported problems, even if we elect to provide information with the goal of addressing a problem.


NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE
Permission to use Documents (such as papers, press releases, and FAQs) from the Services is granted, provided that (1) the below copyright notice [see end of TOU] appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media without prior written consent; 3) no modifications of any Documents are made.

Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom with written permission which will not be unreasonably withheld. Distribution outside the classroom is subject to our permission requirements above. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the JA Web site or any other JA owned, operated, licensed or controlled site. Elements of JA Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any JA Web site may be copied or retransmitted unless expressly permitted by JA.

JERKALERT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. JERKALERT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL CLAIMS FOR DAMAGES ARISING FROM THE USE OR RELIENCE UPON ANY DOCUMENTS AND/OR RELATED GRAPHICS AS APPEARING ON THE JA WEBSITE.


LIMITATION OF LIABILITY
IN NO EVENT WILL JA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF (OR INABILITY TO USE) THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF JA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

IN NO EVENT SHALL JA AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JA AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT (S) AND/OR THE PROGRAM (S) DESCRIBED HEREIN AT ANY TIME.



NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE
IN NO EVENT SHALL JA AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES


INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS JERKALERT, INC, ANY AND ALL OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) RELATING TO OR ARISING OUT OF YOUR USE OR MISUSE OF THIS SITE INCLUDING, BUT NOT LIMITED TO, ANY BREACH BY YOU OF THE TERMS OF THIS AGREEMENT


MEMBER ACCOUNT, PASSWORD, AND SECURITYIf any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify JA immediately of any unauthorized use of your account or any other breach of security. JA will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by JA or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any JA server, or the network(s) connected to any JERKALERT server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any JERKALERT server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.


PROPRIETARY RIGHTS/GRANT OF EXCLUSIVE RIGHTS

By posting information or content to any public area of jerkalert.net, you automatically grant, and you represent and warrant that you have the right to grant, to Jerkalert, inc  an irrevocable, perpetual, fully-paid, worldwide exclusive license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub licenses of the foregoing.

USER DUTIES
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).


You agree to maintain a current working email address on file as long as your account remains active. You will not black list or otherwise mark emails from JA as "spam" as long as you have an active account.

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. By posting information on this site, you warrant and represent that the information is truthful and accurate.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.

Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.

Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses.

Violate any applicable laws or regulations.

Create a false identity for the purpose of misleading others.

Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

JA has no obligation to monitor the Communication Services. However, JA reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. JA reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

JA reserves the right at all times to disclose any information as JA deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in JA's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. JA does not control or endorse the content, messages or information found in any Communication Services and, therefore, JA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers, Administrators, Moderators and hosts are not authorized JA spokespersons, and their views do not necessarily reflect those of JA.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO OR POSTED ON THE JERKALERT WEB SITE
JA does not claim ownership of the materials you provide to JA (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting JA, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all JA Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sub license such rights to any supplier of the Services.

No compensation will be paid with respect to the use of your Submission, as provided herein. JA is under no obligation to post or use any Submission you may provide and JA may remove any Submission at any time in its sole discretion.

By Posting a Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contains images, photographs, pictures or other elements that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sub licenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Image available to members of such private community), and/or (b) to the general public (for each such Image available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sub license such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.


ONLINE CONTENT

Opinions, advice, statements, offers, or other information or content made available through this site are strictly and solely those of their respective authors and not of JERKALERT, INC or its affiliates, and should be read and relied upon  accordingly. Such authors are solely responsible for the accuracy of such content. Jerkalert does not guarantee the accuracy, completeness, or usefulness of any information on this site and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will JA be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on this site.


REMOVAL OF INFORMATION

By posting information on this site, you understand and agree that the material will not be removed even at your request unless notice is given that the material breaches these Terms of Service. Regardless of any other provision, you shall remain solely responsible for the content of your postings on this site.

While we do not and cannot review every message posted by users of the Service, and are not responsible for any content of these messages, we reserve the right, but are not obligated, to delete or remove material infringing or violating another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity, any private financial information such as social security numbers and credit card information).

Violation of this provision is grounds for immediate cancellation of your membership and removal any and all postings by the violating party.


LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE JA's SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF JA AND JA IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. JA IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. JA IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY JA OF THE SITE.

THIRD PARTY CONSENT
Please note that this TOU applies only to this Web site and not to other Web sites that may be accessible from this Web site via Hyperlink.  We are responsible only for the content of our own Web site, and bear no responsibility or liability for any third party content.  We encourage you to review the user agreements of all other Web sites that you visit.


UNSOLICITED IDEA SUBMISSION POLICY

JA OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN JA'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO JA. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO JA OR ANYONE AT JA. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT JA MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.


GENERAL PROVISIONS

State by State Variations

Jurisdictional limits vary State by State and the applicability of warranty disclaimers and limitations of liability of the above disclaimers of warranty and limitations of liability may not apply to you.


Governing Law

You agree that Nevada law shall govern this Agreement and that any dispute arising out of or relating to this Agreement shall be subject to the exclusive venue of the federal and state courts in the State of Nevada, and that you submit to the exclusive jurisdiction of the federal and state courts in the State of Nevada in connection with this site, Jerkalert, Inc or this Agreement.


International Use
This Web site is operated and controlled by Jerkalert inc in the United States.  Due to the global nature of the Internet, this Web site may be accessed by users in countries other than the United States.  We make no warranties that materials on this Web site are appropriate or available for use in such locations.  If it is illegal or prohibited in your country of origin to access or use this Web site, then you should not do so.  Those who choose to access this site outside the United States do so on their own initiative and are responsible for compliance with all local laws and regulations.

Copyright Policy/Termination of User Privileges for Infringement and Contact Information for Suspected Copyright Infringement/DMCA Notices

We will terminate the privileges of any user who uses this site to unlawfully transmit copyrighted material without license, express consent, valid defense or fair use exemption to do so. In particular, users who submit user content to this site, whether articles, images, stories, software or other copyrightable material must ensure that the content they upload does not infringe the copyrights of third parties.

If you believe that your copyright has been infringed through the use of this site, please contact our Customer Service department or mail/fax at:


JERKALERT, INC - Copyright Policy

admin at jerkalert.net

P O Box 13276
south Lake Tahoe CA  96151
(800) 371-2473


Entire Agreement

By completing the registration for jerkalert.net  you agree and accept the contains of this entire agreement regarding the use of this site. This Agreement may only be amended upon 1) notice by Jerkalert, inc to you, or 2) by written agreement signed by you and an authorized officer, agent or official of Jerkalert, inc. Unless otherwise explicitly stated, this TOU will survive even upon termination of your registration with this site. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.


CONTACT INFORMATION
Thank you for visiting the JA Web site.  Please contact us at through our Web site if you have any questions about our Web site or our TOU.  Electronic mail or other communications through this site to JA (or any of its employees, agents or representatives) are not secure and we do not guarantee the confidentiality of such communications.

(c) 2008 JERKALERT, INC.  All rights reserved.  The reproduction or retransmission of the contents of this Web site is prohibited without the prior written consent of JERKALERT, INC