1. Welcome to theJuggl
WHEN YOU ACCESS OR USE THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ,
STOP ACCESSING THE WEBSITE AND DISCONTINUE USING THE SERVICES PROVIDED BY THEJUGGL.
AND OTHERS WHO ACCESS THIS WEBSITE.
5. Description of Services
theJuggl provides users access to expert lessons, information, benefits and services (the “Services”). You are responsible for obtaining access to the Website, and that access may involve third-party fees (such as Internet service provider or airtime charges. In addition, you must provide and are responsible for all equipment necessary to access the Website.
6. License and Services Access
theJuggl Website Content is presented by our Experts and/or editors and approved by our editors and thus defined as theJuggl editorial content. We do not accept or take advertising, except where we specifically indicate as such. To the extent that we post third-party Content, it reflects the personal opinions and views of the third-party authors and does not necessarily reflect the opinions and views of theJuggl. We accept no responsibility for any such third-party opinions and views.
The owner of the Website is based in the State of Illinois. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
7. Your Registration Obligations
You may not under any circumstances:
- Download or copy account information for the benefit of another vendor or any other third party;
- Cache, post unauthorized hypertext links to the Website, or frame any Content available through the Website
- Upload, post, or transmit any content that you do not have a right to make available (such as the intellectual property of another party)
- Upload, post, or transmit any material that contains software viruses, malware, Trojan horses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or take any action to impact the proper operation of the Website and any user’s use or enjoyment thereof;
- Take any action that imposes or may impose (in theJuggl’s sole discretion) an unreasonable or disproportionately large load on theJuggl’s infrastructure;
- Use any mirroring, screen scraping, deep linking or data mining tools, as well as robots, spiders, crawlers, or similar automated or manual data gathering and extraction tools;
- Copy or print any of the Content, whether licensed by us or otherwise, unless and to the extent it is for your own personal, non-commercial use, in which case you shall retain all trademark, copyright and other proprietary notices contained in and on any such Content;
- Reproduce, download, modify, translate, add to, distribute, transmit, publish, perform, display, disclose, archive, upload, broadcast or sell, sublicense, index or exploit any part of the Website or the content thereon in any medium, either directly or through the use of any device, software, Internet site, Web-based service, mobile application or any other means, without our prior express written permission;
- Remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection measures either directly or through other means;
- Bypass the measures we may use to prevent or restrict access to or use of the Website, including by hacking into secured or non-public areas of the Website, circumventing any geoblocking mechanisms or otherwise;
- Use the Website to collect any personally identifiable information, including Account names and e-mail addresses, or use the Website for any commercial solicitation purposes, without our prior express written permission; or
- Attempt to reverse engineer any aspect of the Website or attempt to derive the source code (including the tools, methods, processes and infrastructure) that enables or underlies the Website, create any derivative works or materials of any kind using the Content, whether or not you intend to give away the derivative materials free of charge, or otherwise build a business utilizing any aspect of the Website.
7b. Membership Eligibility.
The Services and Membership are not available to minors under the age of 21 or to any users suspended or removed from the system by theJuggl for any reason, in our sole discretion. Members may not have more than one active account. Additionally, members and users are prohibited from selling, trading, or otherwise transferring their Membership account to another party. If you do not qualify, you may not use the Services or the Website.
7c. Membership and Account.
7d. Intellectual Property
The Website and its content, features and functionality, including, without limitation, information,
The trademarks, logos, service marks, and trade dress, whether common law or registration with or application to the Principal Register or Supplemental Register of the U.S. Patent and Trademark Office, (“Marks”) displayed on the Website are the property of theJuggl and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of theJuggl or such third party that may own the Marks.
theJuggl respects the intellectual property of others, and we ask our users to do the same. theJuggl may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide theJuggl with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Website;
(iv) your address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, or a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
theJuggl’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Copyright Agent, c/o theJuggl, 980 N Michigan Ave Ste 1640, Chicago, IL 60611
By email: [email protected]
8. Membership; Membership Fees.
9. Billing; Term; Continuous Membership; Cancellation.
If you purchase a Trial Membership, a trial of 14 days (subject to theJuggl’s approval of your Membership) shall commence on the date it is purchased and continue until 14 days from the date the trial was purchased. This trial will automatically renew into an annual subscription unless you notify us in writing at [email protected] of your decision to cancel your Membership within 3 days of your renewal date; or (ii) we terminate your Membership.
If you purchase an Annual Membership, the initial term of a Membership (subject to theJuggl’s approval of your Membership) shall commence on the date it is purchased and continue until one year from the date in which the Membership was purchased. Each Annual Membership will automatically renew (a “Renewal Membership”) with no further action by you, each year for additional one-year periods unless (i) you notify Member Services in writing, of your decision to cancel your Membership within thirty (30) days of your renewal date; or (ii) we terminate your Membership. Renewal Membership fees will be billed annually and automatically to the credit card we currently have on file, in the amount of the then-current Membership fee on or around the day in which your current Membership or Renewal Membership term expires.
9b. Continuous Membership.
The entire period of the initial Annual Membership plus any Renewal Membership period that may apply is referred to as your “Continuous Membership” period. In the event that theJuggl is unable to charge your account as authorized by you when you enrolled in any individual Renewal Membership term, theJuggl, may, in its sole discretion: (i) bill you for your access to the Services and suspend your access to the Services until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you.
9b. Cancellation; Termination.
9c. Modifications to Services
theJuggl reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that theJuggl will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. We have no obligation to retain any of Your Account or Submitted Content (as defined in Section 10, below) for any period of time beyond what may be required by applicable law.
9d. Renewal Membership
theJuggl may change the Renewal Membership fee from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Renewal Membership will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Recurring Membership after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Renewal Membership before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.
10. Submitted Content
11. Expert Transaction Policies
theJuggl presents Expert lessons, content, resources and Expert products to theJuggl Members. Experts may from time to time offer users products and services to Users through their own websites or other sales platforms (“Expert Transactions”). Users are not obligated to enter into Expert Transactions as a condition of membership with theJuggl. Experts are solely responsible for the administration and provision of products and services contemplated by Expert Transactions; theJuggl does not recommend, endorse or otherwise administer any aspect of a Expert Transaction. Further, any Expert Transactions, nor does theJuggl control the financial components of any Expert Transaction. Accordingly, you acknowledge that Expert Transaction charges (if any) including cost of products and/or services, taxes and incidentals are the responsibility of the you and the Expert, and not theJuggl. You are responsible for any taxes or other payments that apply to ExpertTransaction products or services. theJuggl is not a party to nor a a third-party beneficiary of any Expert Transaction. You acknowledge that theJuggl’s Experts have their own rules and policies, including policies relating to the collection, disclosure and sale of personal information, for which theJuggl is not responsible or liable. You are responsible and liable for verifying and abiding by these policies.
12. Disclaimer of Liability and Warranty
The content, products, and services published on this Website may include inaccuracies or errors, including pricing errors. We do not guarantee the accuracy of and disclaim all liability for any errors or other inaccuracies relating to the information and description of the content, products and services we expressly reserve the right to correct any errors on the Website. theJuggl makes no representations about the suitability of the information, software, products, and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEJUGGL MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THEJUGGL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THEJUGGL, ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, AND NONINFRINGEMENT. THEJUGGL AND OUR RESPECTIVE PARTNERS, SUBSIDIARIES, AFFILIATES, OFFICERS, LICENSORS AND AGENTS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THEJUGGL AND OUR PARTNERS, SUBSIDIARIES, AFFILIATES, OFFICERS, LICENSORS AND AGENTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEJUGGL EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD OR CONSUMED VIA EXPERT TRANSACTIONS.
13. Limitation of Liability
You expressly understand and agree that theJuggl and its subsidiaries, affiliates, officers, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use of data or other intangible losses, resulting from use of the Website, Website content or any related services. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, pandemic or epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
We will not be liable or responsible to you, nor be deemed to have defaulted of breached these terms, for any disagreements or conflicts that arise out of any Expert Transactions. You hereby waive any and all claims for damages, losses or injuries of any kind that may arise out of any Expert Transactions.
If, despite the limitations above, theJuggl, its subsidiaries, affiliates, officers, licensors and agents (its “Affiliates”) are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of theJuggl, Its Affiliates and/or their respective agents will in no event exceed, in the aggregate, the membership fees you paid to theJuggl in connection with such transaction(s) on this Website. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of theJuggl, Its Affiliates, and/or their respective agents.
You agree to indemnify and hold theJuggl (and its members, owners, officers, directors, agents,
15. Electronic Communication
When you use the Website or send emails to theJuggl, you are communicating with theJuggl
electronically. You consent to receive communications from theJuggl electronically. theJuggl will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
16. Website-Provided Email and Postings
The Website may provide users with the ability to send email messages to other users and non-users and to post messages on the Website. theJuggl is under no obligation to review any messages, information or content (“Postings”) posted on the Website by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, theJuggl may from time to time monitor the Postings on the Website and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Website to post content or initiate communications that contain:
The Website or third parties may provide links to other World Wide Web sites or resources. Because theJuggl has no control over such sites and resources, you acknowledge and agree that theJuggl is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that theJuggl shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
18. Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.
19. Modification and Notification of Changes
1 a)sending an email to the address associated with your account. theJuggl is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add theJuggl.com to the list of domains approved to send you email (commonly known as your “whitelist”); and
20. Binding Arbitration; Class Action Waiver
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with theJuggl and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or theJuggl seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or theJuggl seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and theJuggl waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court.
Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Cook County, Illinois, in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
YOU AND THEJUGGL AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES IS PERSONAL TO YOU AND THEJUGGL AND THAT ANY DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.
You and theJuggl agree that these Terms affect interstate commerce and that the enforceability of this Section 19 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Company agree that for any arbitration you initiate, you will pay the filing fee and Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs. You and theJuggl agree that the state or federal courts of the State of Illinois and the United States sitting in Cook County, Illinois, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
If you have any dispute with us, you agree that before taking any formal action, you will contact us at theJuggl, 980 N Michigan Ave, Ste 1640, Chicago, IL, 60611 and [email protected] and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account).
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and theJuggl will not have the right to assert the claim.
YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND THEJUGGL REGARDING ANY ASPECT OF THE SERVICES (INCLUDING THE ENROLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.
21. Survival of Terms
22. Waiver and Severability
23. No Third-Party Beneficiaries
24. Entire Agreement