The following are the terms and conditions for use of www.JVConnect.io and its related services, including any purchases made through the JVConnect platform or Affiliate Program (the “Website”) and the JVConnect Mobile Application (as applicable and if available) and its services (the “Application”) (collectively the Website and the Application are referred to as the “Services”). The Services are owned and operated by BBC Systems, Inc. (“JVConnect,” or “us,” or “we”).
By downloading or using the Application, accessing the Services, continuing to access the Services, purchasing any products through the Services, or submitting any information through the Services, and in consideration for the services JVConnect provides to you, YOU (the terms “you” or “yours” include the person or entity that is accessing the Services, as well as any third parties accessing the Services on your behalf) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS GOVERNING THE USE OF THE SERVICES (the “Terms”). Use of the Services is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices, including the class action waiver, contained herein.
JVConnect provides a platform through which sellers can offer their products or services, affiliates can market the products or services for the sellers, and customers can purchase the products or services from the sellers. If a customer purchases a product or service from a seller, the resulting agreement is solely between the customer and the seller and not with JVConnect. The seller, and not JVConnect, is responsible for the creation, sale, fulfillment, and shipping (if applicable) of any product or service. Any disputes between customer and seller must be resolved directly between the seller and the customer. The terms of the customer’s purchase of products or services from a seller are subject to all terms and conditions contained on the order page, in addition to any terms disclosed by the seller.
Sellers and Affiliates are also subject to the applicable Seller Agreement or Affiliate Agreement.
JVConnect does not guarantee that any user of the Services will achieve any particular results of any kind through the use of the Services or any products or services sold by any seller through the Services.
Registration.
In order to utilize some of the features of the Services, you must register and create an account. To create an account, you must complete the registration process by providing JVConnect with complete and accurate information as prompted by the registration form, including contact information, a username, and a password. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account, whether by you or by third parties. You agree to notify JVConnect immediately of any unauthorized use of your account or any other breach of security. If you create an account on behalf of an entity, these Terms bind both you and that entity.
Refusal of Service.
JVConnect reserves the right, with or without notice, to terminate any account or refuse service to any person who violates these Terms, infringes upon any party’s intellectual property rights, abuses other users of the Services, misuses the Services, or otherwise engages in conduct deemed inappropriate by JVConnect in its sole discretion.
Payment.
If you make any purchases through the Services, you agree to pay all applicable charges and fees associated with those purchases and to comply with the terms and conditions of the applicable payment processor. Unless otherwise specified, all prices are listed in U.S. Dollars.
Information Submission and Age Restriction.
By submitting any information through the Services, including User Content (as defined below), you represent and warrant that you are at least 18 years of age. If you are under the age of majority in your jurisdiction, you must either be an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these Terms and to use the Services. JVConnect does not knowingly collect personal information from individuals under the age of 18. Pursuant to 47 U.S.C. § 230(d), you are hereby notified that parental control protections (such as computer hardware, software, or filtering services) are commercially available and may help limit access to material that is harmful to minors. For assistance in locating such services, consult your information technology professional.
Data Importation.
The Services may allow you to import data from sources created by third-party programs not affiliated with JVConnect. If you choose to import content into the Services from another source, you represent and warrant that you have the legal right and authority to do so, and that such importation does not violate any third-party rights or terms.
JVConnect reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy governing the use of the Services at any time, by posting the updated terms on the Website or Application. The most current version of these Terms will be available on, or accessible through, both the Application and the Website. You understand and agree that your access to and use of the Services is governed by the then-current Terms in effect at the time of such access or use.
If we make material changes to these Terms, we will update the “Updated” date at the top of this page to reflect the date on which the changes were made. We will not notify you of changes via email or other direct communication. You are responsible for regularly reviewing these Terms, as any revised version will be binding upon you. Any changes or modifications will become effective immediately upon being posted. Your continued access to or use of the Services following the posting of revised Terms constitutes your acceptance of the modifications.
Except as expressly provided in the non-exclusive license contained in Section X below, JVConnect expressly reserves all right, title, and interest in and to the Services and all content contained within the Services, including any copyrights, patents, trademarks, and any other intellectual property or proprietary rights under federal, state, or international law.
Transactions Between Customer and Seller;Release JVConnect operates as a platform enabling sellers to offer products or services, affiliates to promote them, and customers to make purchases. Any transaction made is solely between the customer and the seller. JVConnect is not a party to the sale and is not responsible for product fulfillment, shipping, or disputes.Customers must review the seller’s terms before purchasing. JVConnect disclaims all liability for any claims, damages, or disputes arising from transactions between customers and sellers. By using the Services, you agree to release and hold JVConnect harmless from any such issues.Determining the nature, pricing, and terms of a product or service is the sole responsibility of the customer and seller.
Payment Processing Account JVConnect facilitates customer payments for seller products or services through the use of third-party payment processors. To use the Services, you must register and create an account with a JVConnect-supported payment processor (your “Payment Processing Account”) by providing all information required by that processor. You are solely responsible for complying with all registration requirements and terms of use associated with the supported payment processor.
JVConnect is not responsible for ensuring your proper registration with a payment processor or for the proper transfer of funds between customer and seller. All payments made for products or services offered through the Services must be processed via a JVConnect-supported payment processor using your Payment Processing Account. These transactions are subject to the terms and conditions published on the supported payment processor’s website. You are solely responsible for ensuring accurate payment and receipt of funds. JVConnect makes no representations or warranties regarding any supported payment processor, your Payment Processing Account, or any transaction processed through such an account, and disclaims all liability for any errors or omissions by the payment processor
Free Trials JVConnect may, from time to time, offer free trials of certain Services. If you do not cancel your free trial during the stated trial period, you will be charged for the associated Services at the end of that period. Please refer to the specific terms of each free trial offer for complete details. JVConnect does not guarantee that any portion of the Services will remain free at any time.
Refund Policy JVConnect does not guarantee refunds for any purchases made through the Services. Any requests for refunds, as well as disputes related to a product or service, must be resolved directly between the customer and the applicable seller. Sellers may provide a refund policy on the order page. All refunds, if applicable, are managed by the seller.
The Services may use or provide access to third parties for payment processing, account or user registration, or other services. Your interactions with these third parties are governed by their own terms and conditions. Any disputes regarding third-party services must be resolved directly between you and the third party. JVConnect disclaims all warranties or representations regarding any third-party services.JVConnect may, at its sole discretion and without notice, subcontract any Services to be performed by a third party.
Overview: From time to time, the Services may allow users and third parties to upload, post, or transmit user-generated content, including but not limited to photos, videos, reviews, and other forms of data or communications (“User Content”).
User Obligations and License; Intellectual Property: You retain ownership of all User Content you post or transmit through the Services, but once posted, it may not always be withdrawn. You agree not to post any User Content that is false, defamatory, infringes on intellectual property rights, or is otherwise illegal. By posting content, you warrant that you have the right to post it and that it is truthful and accurate.
License to Use Personal Data for Services: With respect to any personal data or regulated personal data contained in your User Content, you grant JVConnect a revocable, royalty-free, worldwide, non-exclusive license to use, store, copy, perform, display, and distribute such content for the purpose of providing the Services. You also warrant that any personal data you post does not contain sensitive personal data as defined by the GDPR.
Grant of License: By posting User Content, you grant JVConnect a perpetual, irrevocable, royalty-free, worldwide, non-exclusive license to use, store, copy, perform, display, distribute, and create derivative works from your User Content for any purpose.
Risks: You assume all risks associated with the content you post, including liability for false, defamatory, or infringing material. JVConnect is not responsible for any issues related to User Content posted through the Services.
Reviews: If you submit a review or rating, you represent that it is truthful and constitutes your opinion, not JVConnect’s. You are solely responsible for the content of your reviews.
Testimonials and Photographs: If you submit a testimonial, photograph, or video regarding a product or service, you grant JVConnect a perpetual, irrevocable, royalty-free license to use such content for any purpose, including in advertising. You represent that your testimonial is true, accurately reflects your experience, and was made without compensation, unless disclosed.
Rules of Conduct: You agree to follow any rules of conduct or community guidelines set by JVConnect. JVConnect reserves the right to suspend or exclude users who violate these guidelines and to remove content as necessary.
Communications Decency Act: JVConnect is a distributor, not a publisher, of User Content. JVConnect is not liable for the accuracy or completeness of any User Content and does not guarantee its truthfulness.
Reservation of Rights: JVConnect reserves the right to remove or modify any User Content for any reason, in its sole discretion. JVConnect is not obligated to screen or filter User Content.
Information Storage and Access: JVConnect may determine how long to store User Content and user data, but will comply with applicable laws regarding deletion. Personal data will be deleted as requested by users in compliance with applicable laws.
Suggestions: By submitting feedback or suggestions to JVConnect, you grant us an irrevocable, royalty-free, worldwide license to use, modify, and distribute the feedback. You waive any claims to intellectual property rights over your submitted feedback.
Respect for Intellectual Property: JVConnect respects the intellectual property rights of others and complies with the safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”). If you believe your copyrighted work has been reproduced or posted on the Services in a manner that constitutes copyright infringement, you may notify JVConnect’s designated copyright agent in accordance with Title 17, United States Code, Section 512(c), by providing the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or a representative list of works at a single site if multiple works are involved;
Identification of the material claimed to be infringing or subject to infringing activity, along with information sufficient to locate the material on the platform;
Contact information for the complaining party (e.g., address, phone number, email);
A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly infringed.
DMCA Notification Process: Upon receiving a valid DMCA notification, JVConnect will process and investigate the claim and take appropriate actions, including removing or disabling access to the material in question. We will promptly notify the user who submitted the material that the content has been removed or access to it has been disabled.
Counter-Notification If you believe your material was removed or disabled due to mistake or misidentification, you may send a counter-notification to JVConnect’s designated agent containing the following information:
Your physical or electronic signature;
Identification of the material that was removed or disabled, and its location before removal or disablement;
A statement under penalty of perjury that you believe the material was removed or disabled as a result of mistake or misidentification;
Your name, address, telephone number, and a statement consenting to the jurisdiction of the Federal District Court for the district in which you reside, or, if outside the United States, the jurisdiction in which JVConnect is located. You also consent to accept service of process from the complaining party or their agent.
If a valid counter-notification is received, JVConnect will forward it to the original complaining party and, if no legal action is taken, restore the material within 10 to 14 business days at its discretion.
Repeat Infringement Policy JVConnect reserves the right to terminate accounts of users who are deemed to be repeat copyright infringers, at its sole discretion.
JVConnect has appointed VeraSafe as its representative in the European Union for matters related to data protection, in accordance with Article 27 of the General Data Protection Regulation (GDPR). VeraSafe can be contacted for any inquiries or concerns related to the processing of Personal Data, in addition to contacting JVConnect directly.
To make an inquiry related to data protection, please contact VeraSafe via the contact form available here.
While JVConnect strives to provide all Services and Application features to all users, the availability and functionality of the Application and Services may be limited for some or all users due to conditions beyond JVConnect’s control. As a result, not all advertised features may be available to you at all times. These conditions include, but are not limited to:
Limitations imposed by your mobile device or wireless carrier.
Restrictions based on your data or messaging plan.
Intermittent or unavailable access due to issues with your wireless voice and/or data signal.
The Application and its features may not be available in all geographic locations.
JVConnect is not liable for, and expressly disclaims any representations or warranties regarding access to the Services or Application through a particular wireless carrier, network, plan, device, or in specific locations. JVConnect does not guarantee that the Services will always be accessible or available. You are solely responsible for any costs incurred to access the Services or Application through your mobile device.
JVConnect may, from time to time, choose to make available for download a JVConnect mobile Application. If JVConnect makes an Application available, the terms of this license apply to your download and use of the Application. JVConnect does not guarantee that any Application will be developed or available.
License
In order to use some of the Services’ features, you may need to download the Application. Subject to, and in accordance with, these Terms, JVConnect grants to You, and You accept from JVConnect, a limited, revocable, non-exclusive, and non-transferable license to use the Application, if available. JVConnect reserves all rights not expressly granted to You hereunder. This license is automatically revoked if you violate any of these Terms.
Source Code
The grant of this license is not, and shall not be construed as, a grant of any right to You to use, receive, or view, copies of source code, schematics, master copies, design materials, or other information used by You in creating, developing, or implementing the Application, including updates or modifications thereto. Without limiting the foregoing, You shall have no rights to receive any source code for the Application and shall not reverse engineer, disassemble or decompile, or otherwise attempt to derive source code for the Application for any purpose.
Prohibitions
You must not do, or permit others to do, any of the following:
(a) Copy or modify the Application in any way, except as expressly permitted in these Terms;
(b) Remove or modify JVConnect’s copyright notices, trademark, logo, legend, or other notice of ownership from any originals or copies of the Application or Services;
(c) Attempt to view, read, modify, reverse compile, reverse assemble, disassemble or print the Application’s source code or object code or other runtime objects or files distributed with the Application;
(d) Reverse engineer, modify or copy the look and feel, functionality, or user interface of any portion of the Application or Services;
(e) Rent, lease, distribute (or redistribute), provide, or otherwise make available the Application or Services, in any form, to any third party (including in any service bureau or similar environment);
(f) Use the Application or Services to process the data of third parties;
(g) Use, install, or make available the Application, in whole or in part, through a wide area network including but not limited to World Wide Web sites, intranets, or Application Service Providers (ASP);
(h) Use the Application or Services to infringe on any person’s right of privacy.
You are also prohibited from taking any actions in violation of the prohibitions and requirements set forth in Section XIII below.
Infringement
If a third party claims that the Application or the Services infringes its patent, copyright, or trade secret, or any similar intellectual property right, JVConnect will defend You against that claim at JVConnect’s expense and pay all damages that a court finally awards, provided that You promptly notify JVConnect in writing of the claim, and You allow JVConnect to control and You cooperate with JVConnect in, the defense or any related settlement negotiations. If such a claim is made or appears possible, You agree to permit JVConnect to modify the Application or Services in order to attempt to avoid such claims. If JVConnect determines that this alternative is not reasonably available, You agree to uninstall or return the Application on JVConnect’s request, and without any further liability or obligation of JVConnect. Further, JVConnect shall have no obligation whatsoever for any claim based on Your modification of the Application or Your combination, operation, or use with any product, data, or apparatus not specified or provided by JVConnect. THIS PARAGRAPH STATES JVConnect’S ENTIRE OBLIGATION TO YOU WITH RESPECT TO ANY CLAIM OF INFRINGEMENT. If no Application is currently available, this provision nonetheless applies to any claim of infringement regarding the Website or Services.
Maintenance or Support
JVConnect is not under any obligation to provide maintenance or support for the Application. JVConnect may provide maintenance or support for the Application in JVConnect’s sole discretion.
Uninstallation
You may, at any time, uninstall the Application by utilizing your mobile device’s procedures for uninstalling downloaded applications.
Third-Party Terms
You must comply with applicable third-party terms of service when using the Application, including any terms required by your mobile carrier or device manufacturer.
Apple and Google-Specific Terms
The following additional terms and disclosures only apply to you if you use the Application through the Apple or Google operating systems, if available and as applicable:
Apple
This is a custom end-user license agreement between you and JVConnect, and not with Apple. JVConnect, and not Apple, is solely responsible for the Application, the Services, and the related content.
JVConnect grants you the non-transferable right to use the Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.
In the event of any failure of the Application to conform to any applicable warranty, if any, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, if any, will be the sole responsibility of JVConnect.
JVConnect, and not Apple, is responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Application’s use of the HealthKit and HomeKit frameworks, if applicable.
In the event of any third-party claim that the Application or your possession and use of that Application infringes that third party’s intellectual property rights, JVConnect, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You represent and warrant 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 Application.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and, upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Google
This is a separate end-user license agreement between you and JVConnect, and not with Google.
Subject to, and in accordance with, these Terms and any required payments, JVConnect grants to You, and You accept from JVConnect, a non-exclusive, worldwide, and perpetual license to perform, display, and use the Application on your device that can access Google Play. The user may include, but is not limited to, a family group, with a family manager and family members whose accounts are joined together for the purpose of creating a family group. Family groups on Google Play are subject to reasonable limits designed to prevent abuse of family sharing features. Users in a family group may purchase a single copy of the Services (except in-app and subscription products, which cannot be shared) and share it with other family members in their family group. This license is automatically revoked if you violate any of these Terms.
You are allowed unlimited reinstalls of the Application, unless and until JVConnect removes the Application from Google Play or any other Google-branded distribution platform.
JVConnect, and not Google, will have the sole responsibility to undertake or handle support and maintenance of the Application or any complaints about the Application, subject to these Terms.
JVConnect, and not Google, is responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim the Application fails to conform to any applicable legal or regulatory requirement; (c) intellectual property claims; and (d) claims arising under consumer protection, privacy, or similar legislation, if applicable.
JVConnect, and not Google, is solely responsible for JVConnect’s breach of any agreement with Google, any applicable third-party contract or terms of service, or any applicable law or regulation.
The collection, use, and distribution of your information is governed by the JVConnect Privacy Policy and by downloading and/or using the Application you agree to be bound by the terms of that Privacy Policy.
JVConnect does not represent or warrant and expressly disclaims any warranty that (i) any information provided by the Services will be accurate, (ii) the Services will be error-free or accessible at all times, (iii) defects will be corrected, (iv) the Services or the server that makes the Services available are free of viruses or other harmful components, (v) the use or the results of the use of the Services or the products or services made available through the Services will be correct, accurate, timely, or otherwise reliable, or (vi) that the Services will be supported on all web browsers or mobile operating systems. It is expressly understood by all users that the Application and the Services may, from time to time, be inaccessible, inoperable, or may not provide all features due to multiple factors that may or may not be within JVConnect‘s control. These factors may include, but are not limited to, variables in internet, telecommunications, data, cellular or satellite services provided by your wireless carrier to your mobile device, geographic limitations, poor wireless signal strength, periodic maintenance to the Services, malfunctions in the Application or the Services, limitations due to your particular mobile device, or any other reason that may prevent the Application and its services from being accessible at all times. JVConnect disclaims any liability for any user’s inability to access or use the Application or the Services at a particular time, location, on a particular device, or using a particular wireless provider.
Further, JVConnect expressly disclaims any representation or warranty relating to any products or services displayed, described, advertised, sold, offered, reviewed, recommended, linked to, or pictured on or through the Services. JVConnect does not endorse any such products or services and does not warrant that any such products or services are available, will meet the user’s needs, are appropriate for any particular use, or are of any certain quality. JVConnect does not guarantee that any product or service descriptions, reviews, portrayals, specifications, or the like are accurate. Under no circumstances will JVConnect be responsible for any loss or damage resulting from any person’s reliance on any such product or service descriptions, reviews, or specifications contained on the Services. All products and services made available through the Services are sold by independent sellers and not sold by JVConnect.
The services and any products sold through the services are provided “as is,” and there are no warranties, claims, or representations made by JVConnect, either express, implied, or statutory, with respect to the services or products, including warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose. No warranties are created by course of dealing, course of performance, or trade usage.
JVConnect does not warrant that the services or products will meet your needs or be free from errors, that the operation of the website or application will be uninterrupted, or that the results obtained from the use of the services will be accurate, reliable, or complete. The foregoing exclusions and disclaimers are a fundamental part of this agreement and form the basis for determining the price charged for the services.
Some states do not allow the exclusion of implied warranties, so this disclaimer may not apply to you. All products or services sold through the services are sold by the seller and not by JVConnect.
We do not guarantee that the Services, and any products sold through the Services, will be compatible with all software or with all devices.
When you use the Application on your mobile device, your wireless service carrier may charge you data rates, message fees, and related fees.
JVConnect expressly disclaims any liability for any claims, misstatements, and/or misrepresentations made by sellers and all other users of the services. All users hereby represent, understand, and agree to hold JVConnect harmless for any claims, misstatements, and/or misrepresentations made by any seller or user of the services.
JVConnect does not adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any seller or user.
A link from the Services to a non-JVConnect website does not imply that JVConnect endorses or accepts any responsibility for the content, functionality, policies, or use of such website. You access any third-party website at your own risk. It is your responsibility to take necessary precautions to ensure that any websites or online materials you choose to interact with are free of viruses or other harmful components.
We recommend that you carefully review the linked site’s terms of service and privacy policy. If you do not agree to those terms, you should immediately discontinue your use of that site. JVConnect is not responsible for the privacy practices or policies of sites operated by business partners or other third parties and expressly disclaims any liability related to such websites.
Additionally, JVConnect prohibits unauthorized hypertext links to the Services, as well as the framing of any content available through the Services. JVConnect reserves the right to disable or remove any such unauthorized links or frames at its sole discretion.
You agree not to use the Services in any way, or for any purpose, that violates or could potentially violate any applicable laws, rules, or regulations, or the rights of any third parties. This includes, without limitation, any violations related to copyright, patent, trademark, trade secret, or other intellectual or proprietary rights; false advertising; telemarketing laws; unfair competition; defamation; invasion of privacy; rights of publicity; or any other applicable federal, state, or local law.
You must not use any information obtained from the Services to harass, abuse, or harm another individual.
To maintain the integrity of the Services, JVConnect reserves the right, at its sole discretion, to block access to the Services from certain IP addresses. You may not attempt to circumvent any such restrictions or technological measures put in place by JVConnect to limit or prevent access.
You may not reproduce, copy, bulk download, redistribute, or resell any content from the Services without JVConnect’s express written permission. Furthermore, the use of any automated tools—such as software, bots, scripts, crawlers, or other technologies—to scrape, copy, or systematically collect content from the Services is strictly prohibited without prior written consent. Framing or mirroring any JVConnect website or content is also prohibited without express written authorization
You agree to indemnify, defend, and hold harmless JVConnect, its managers, members, directors, employees, agents, and affiliates (collectively, the “Indemnified Parties”), at your own expense, from and against any and all third-party claims, actions, proceedings, and suits brought against any of the Indemnified Parties, as well as any and all related liabilities, damages, settlements, penalties, fines, costs, and expenses (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties, arising out of or relating to: (i) your breach of any term or condition of these Terms; (ii) your submission or Posting of User Content; (iii) your use or misuse of the Services; (iv) your unauthorized use of the Services; or (v) your purchase, sale, or use of any product or service obtained through the Services. In such cases, the Indemnified Parties will provide you with prompt written notice of any such claim, suit, or action. You agree to cooperate fully and reasonably in the defense of any such matter. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any issue otherwise subject to indemnification by you.
JVConnect will not be liable to you or any third party for any: (a) indirect, special, punitive, consequential, or incidental damages; (b) loss of profits; (c) loss or corruption of data or information; (d) bodily injury or emotional distress; (e) property damage; or (f) damage to reputation, regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability, breach of statutory duty, indemnity or otherwise, even if JVConnect has been advised of the possibility of such damages. Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain types of damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you may have additional rights.
Notwithstanding anything to the contrary in these terms, JVConnect’s total cumulative liability to you or any other party for any claims, losses, or damages arising out of or relating to these terms, the services, or any products sold through the services, will not exceed the greater of: (1) the total amount of fees you have paid to JVConnect for the services in the six (6) months immediately preceding the claim, or (2) one hundred dollars ($100.00).
Your sole and exclusive remedy for any dissatisfaction with the website, the services, products, or these terms is to stop using the services and terminate your account.
You may terminate these Terms at any time by closing your account, discontinuing your use of the Services, uninstalling the application (if applicable), and providing JVConnect with written notice of termination. Please refer to these Terms and our Privacy Policy for details on how we handle your account and data upon termination.
JVConnect may, at its sole discretion, terminate your account, suspend your access to certain features of the Services, or ban you from the Services entirely, at any time and for any reason or no reason, with or without notice and without liability. Such actions may prevent you from accessing your account, the Services, your user content, other content available through the Services, or any related data.
Upon termination of these Terms for any reason, any provisions that by their nature should survive termination shall remain in effect.
The Services are governed by the JVConnect Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy carefully before accessing the Services or providing any personal information through the Services.
By submitting any personal or non-personal information to JVConnect through the Services, or by using the Services, you represent and warrant that you have the right to do so and you automatically grant JVConnect a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, and transferable license to collect, store, use, reproduce, disclose, transfer, and disseminate such information. This license is granted for the purposes of providing the Services under these Terms, managing your account, sending you communications, or for any other lawful purpose at JVConnect’s sole discretion.
JVConnect, as well as third parties to whom JVConnect may lawfully provide your contact information, may contact you through any communication method you have submitted via the Services, including but not limited to email, phone, or text message. By providing your contact information, you consent to receiving such communications from JVConnect or those third parties.
To the extent that a seller, affiliate, or customer collects information about another seller, affiliate, or customer through the Services, such collection, use, and distribution of that information is controlled solely by the collecting party and not by JVConnect.
JVConnect may support the Services by displaying advertisements. These advertisements may be targeted based on the content or information you submit to or access through the Services, as well as information stored in cookies or similar technologies on your device. This may include tracking your activity across different websites and over time.
The manner, mode, and scope of advertising on the Services are subject to change at any time without prior notice. By using the Services, you agree that JVConnect may display such advertising and that you will not attempt to block, obscure, or interfere with the display of these advertisements.
Recognizing the global nature of the internet, you agree to comply with all local laws and regulations regarding online conduct and acceptable content. This includes, without limitation, complying with all applicable laws related to the transmission of technical data exported from the United States or the country in which you reside, as well as any local laws governing the posting of content or the privacy of individuals.
The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in certain commercial activities with specific countries (each a “Sanctioned Country”) and with certain individuals, organizations, or entities identified on the OFAC Specially Designated Nationals (“SDN”) list. If you are located in a Sanctioned Country or are identified as an SDN, you are strictly prohibited from registering with, subscribing to, or using the Services.
Any use of the Services by individuals or entities subject to such restrictions will result in immediate termination of the account, removal of any user content, and may include notification to the appropriate authorities, including the U.S. Department of the Treasury and OFAC.
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. In the event of any conflict between foreign laws, rules, or regulations and those of Florida, the laws, rules, and regulations of Florida shall prevail and govern, except where otherwise required by applicable data protection or privacy laws (“Applicable Data Laws”).
Subject to the mandatory arbitration provision below, you agree to submit to the exclusive and personal jurisdiction of the state and federal courts located in Seminole County, Florida, for the resolution of any legal matter arising from or related to these Terms or your use of the Services.
The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to these Terms or your use of the Services.
Products and services provided by JVConnect are subject to U.S. export control laws and regulations. They may not be exported, re-exported, or used by individuals or entities in embargoed countries or by persons on any applicable U.S. government restricted party lists.
Except where Applicable Data Laws require otherwise, the parties agree that any dispute or claim arising out of or relating to your use of the Services, your purchase or use of any products or services offered through the Services, any alleged breach of these Terms, or any claim to enforce or remedy a breach of these Terms, shall be resolved exclusively through final and binding arbitration, and not in court. This arbitration agreement is governed by the Federal Arbitration Act and applicable federal arbitration law.
All arbitration proceedings will be conducted in Seminole County, Florida, under the laws of the State of Florida, and in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (AAA). By agreeing to arbitration, both parties expressly waive any right to have disputes resolved by a court, jury, or administrative agency, whether state or federal.
The costs of arbitration will be shared equally between the parties, except that each party is responsible for its own attorneys’ fees. Within fourteen (14) days of initiating arbitration, each party shall select one arbitrator, and those two arbitrators shall select a third within ten (10) days. If the selected arbitrators are unable or fail to appoint a third arbitrator, the AAA shall appoint the third arbitrator.
All claims and disputes must be arbitrated or litigated individually and not on a class, collective, consolidated, or representative basis. Class arbitrations and class actions are strictly prohibited. If for any reason a claim proceeds in court rather than through arbitration, both parties waive any right to a jury trial.
Notwithstanding the foregoing, either party may bring a claim in court for injunctive or other equitable relief to prevent or stop infringement or other misuse of intellectual property rights.
These Terms (including any amendments agreed to in writing by the parties) constitute the entire agreement between you and JVConnect with respect to the subject matter hereof, and supersede all prior or contemporaneous agreements, communications, and understandings, whether oral or written, except for any separate written license agreement related to specific products or services offered through the Website.
If any provision of these Terms is found to conflict with Applicable Data Laws or is otherwise held to be invalid, unlawful, or unenforceable for any reason, that provision shall be modified or reformed to the minimum extent necessary to make it valid and enforceable, while preserving the original intent of the parties to the greatest extent possible. The remainder of these Terms shall remain in full force and effect.
Any waiver of a breach or default under these Terms shall not constitute a waiver of any subsequent breach or default. The relationship between you and JVConnect is that of independent contractors, and nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship.
These Terms shall be binding upon and will inure to the benefit of the respective successors and assigns of both parties.