1. Welcome to theJuggl
theJuggl LLC, (“theJuggl,” “we,” “our,” “us”), operates the website located at the URL www.theJuggl.com (together with any other website or applications branded as theJuggl (collectively, the “Website”). These Terms and Conditions of Use (“Terms of Use”) constitute an agreement between theJuggl and you, the visitor, governing your access, use of the Website and Services (as defined in Section 5, below), user Membership & Expert use.
PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY GOVERN YOUR USE OF THE WEBSITE AND SERVICES, PARTICULARLY SECTION 20 (BINDING ARBITRATION; CLASS ACTION WAIVER), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.
2. Acceptance of these Terms of Use
WHEN YOU ACCESS OR USE THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ,
UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE, WHETHER OR NOT YOU
ARE A REGISTERED USER. IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR TO ANY
CHANGES WE MAY SUBSEQUENTLY MAKE TO THESE TERMS OF USE, YOU MUST IMMEDIATELY
STOP ACCESSING THE WEBSITE AND DISCONTINUE USING THE SERVICES PROVIDED BY THEJUGGL.
THESE TERMS OF USE APPLY TO ALL VISITORS, USERS, VENDORS, CUSTOMERS, MERCHANTS
AND OTHERS WHO ACCESS THIS WEBSITE.
Your access to and use of the Website is subject to your continued compliance with these Terms of Use and all applicable laws. Your right to access and use the Website will terminate immediately, without any further action by theJuggl, if you breach these Terms of Use.
3. Modification and Changes to Terms of Use
We reserve the right, in our sole discretion, to modify or update these Terms of Use at any time for any reason, with or without prior notice to you, and any such changes to these Terms of Use will supersede and replace any previous Terms of Use effective immediately upon posting to this page. It is your responsibility to periodically review these Terms of Use as posted here for any changes. Your continued use of the Website after the posting of changes to these Terms of Use will constitute your acceptance of such changes. For the avoidance of doubt, you should discontinue using the Website if you do not agree with any changes to these Terms of Use.
4. Privacy
At theJuggl, we respect the privacy of our users. For details please see our Privacy Policy By using the Services (as defined in Section 5, below), you consent to our collection and use of personal data as outlined therein.
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
The theJuggl Services, and any content viewed through our Website, is solely for your personal and non-commercial use. With a theJuggl subscription, we are pleased to grant you a non-exclusive, non-transferrable, revocable, limited license to access Expert content and view your lesson(s) through the service on a streaming-only basis for that purpose. You may only use the Website in the manner in which the Content (as defined in Section 7(d), below) you access is intended, in compliance with these Terms of Use, and in compliance with any and all applicable federal, state, local and international laws, rules and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any Content, software, products or services contained with the Website without the express written consent of theJuggl, LLC, which we shall have the right to grant in our sole discretion subject to licensing fees or other compensation. You may not use the Website or any of its Content to further any commercial purpose, including any advertising or advertising revenue generation active on your own website or in any other form or medium. The Services are accessible only through the Website; attempted access to the Services through any other means shall constitute a material breach of these Terms.
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 will be required to register with theJuggl in order to access and use certain features of the Services. Portions of the Services that you must register in order to access are subject to change and in our sole discretion. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration form. Registration data and certain other information about you are governed by our Privacy Policy. The Services and Membership are not available to minors under the age of 21.
7a. Restrictions
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.
In consideration of your use of the Website and your access to the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction and will only use the Website for legitimate purposes. You also agree to provide true, accurate, current and complete information about yourself when you apply for theJuggl membership. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or theJuggl has grounds in its sole discretion to suspect that such information is untrue, inaccurate, not current or incomplete, theJuggl has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). If you use the Website, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your devices used to access the Website. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify theJuggl immediately of any unauthorized use of your account or any other breach of security. theJuggl reserves the right to refuse membership or service, terminate membership, or remove or edit content in its sole discretion. theJuggl will not be liable for any loss or damage arising from your failure to comply with this Section. Notwithstanding the above, we retain the right at our sole discretion to deny access to anyone to the Website and the Services we offer and membership at any time and for any reason, including, but not limited to, for violation of the Terms of Use or Privacy Policy.
7d. Intellectual Property
The Website and its content, features and functionality, including, without limitation, information,
software, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof (“Content”), are the exclusive property of theJuggl, our licensors or other content suppliers, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not use or exploit the Content in any way without our prior written consent. No right, title or interest in or to the Website or any Content is transferred to you and all rights not expressly granted are reserved. Any use of the Website that is not expressly permitted by these Terms of Use may be a breach of these Terms of Use and may violate copyright, trademark and other laws.
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.
Under applicable U.S. copyright laws, you may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or use any Content available on or through the Website for commercial or public purposes. Copying and pasting or otherwise providing access to non-members of the Website of the Content only available to Members constitutes an express infringement of theJuggl’s intellectual property rights and is a material breach of these Terms of Use.
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]
theJuggl may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to these Terms of Use.
8. Membership; Membership Fees.
If you wish to register for full access to the Services, you must create an account and enroll for a membership with theJuggl (a “Membership”). We currently offer an annual membership lasting for a period of one (1) year from the beginning of your Membership (an “Annual Membership”), which shall be effective upon both a) our acceptance of your Membership and b) your payment of the then-current fee for an Annual Membership (the “Annual Membership Fee”). We may, in our sole discretion, require you to agree to a separate membership agreement (“Membership Agreement”) in order to access and use the Services, which hereby expressly incorporates these Terms of Use. Your Annual Membership Fee is subject to taxation in accordance with applicable federal or state law. We may change the Annual Membership Fee at any time in our sole discretion, but changes will apply only to new Annual Memberships and Renewal Memberships (as defined in Section 9(d). From time to time, we may offer a limited-basis trial membership (a “Trial Membership,” more fully defined in Section 9(a), below) for which we will charge a trial fee (the “Trial Fee.”) You may only qualify for a Trial Fee if you have never previously registered for an Annual Membership. We may change the Trial Fee, or the availability of a Trial Membership, in our sole discretion at any time. The Trial Fee and Membership Fee are not refundable. We reserve the right to approve or deny Membership to any individual user in our sole discretion. If Membership is approved, the first year of Annual Membership will commence immediately upon your payment of the then-current Annual Membership Fee. If Membership is denied, there will be no charges.
9. Billing; Term; Continuous Membership; Cancellation.
9a. Term.
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.
You have the right to cancel your Membership at any time. Because of the nature of our service, no refunds will be available. theJuggl reserves the right to cancel or suspend, including any associated accounts, without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such Membership would violate any provisions of these of Terms of Use, applicable law, or otherwise be harmful to our interests. If theJuggl cancels your Membership, theJuggl may, at its sole discretion, refund the balance of the annual membership fee on a time apportionment basis. (c) Upon cancellation of Membership, you are relinquishing your current Annual Membership Fee and understand you will not be able to rejoin at a later time at that rate, in the event the Annual Membership Fee has increased.
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
theJuggl does not claim ownership of any materials you make available through the Website (referred to as “Submitted Content”). At theJuggl‘s sole discretion, such materials may be included in the Services in whole or in part or in a modified form. With respect to any Submitted Content you make available for inclusion on the Website, you grant theJuggl a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials (as well as use the name that you submit in connection with such submitted content), and to make use of this license in our sole discretion without any further compensation or obligation to you. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section. We take no responsibility and assume no liability for any submitted content posted or submitted by you. We have no obligation to post your Submitted Content; we reserve the right in our sole discretion to determine which Submitted Content is published on the Website. If you do not agree to these terms and conditions, please do not provide us with any Submitted Content. You agree that you are fully responsible for the Submitted Content you submit. You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party; and (iv) any material or content that in our sole discretion violates these Terms of Use. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.
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.
14. Indemnity
You agree to indemnify and hold theJuggl (and its members, owners, officers, directors, agents,
subsidiaries, joint ventures, Affiliates, and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to your breach of these Terms of Use, your violation of any law or the rights of a third party, or your use of the Website.
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:
(i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law; (ii) advertisements or solicitations of any kind; (iii) impersonate others or provide any kind of false information; (iv) personally identifying information such as messages which state phone numbers, social security numbers, account numbers, addresses, or other personally identifying information; (v) messages by persons not authorized by theJuggl purporting to speak on behalf of theJuggl or containing confidential or personally identifying information or expressing opinions concerning theJuggl; (vi) messages that offer unauthorized downloads of any copyrighted or private information; (vii) identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; or (viii) any content that otherwise violates these Terms of Use in our sole discretion . This prohibition includes but is not limited to a) using theJuggl invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) using theJuggl to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) sending messages to distribution lists, newsgroup aliases, or group aliases.
17. Links
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
theJuggl reserves the right to make changes to the Website and Membership Agreement, related policies and agreements, these Terms of Use and the Privacy Policy at any time. If theJuggl makes a material modification to these Terms of Use, it will notify you by:
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
2 b)displaying a prominent announcement above the text of these Terms of Use or the Privacy Policy, as appropriate, for thirty (30) days, with (a) and (b) being deemed sufficient notification, of such changes.
After notice of a modification to these Terms of Use or the Privacy Policy has been posted for 30 days, the notice will be removed. If you have not used the Website for more than 30 days, you should check these two sections for any modifications to these Terms of Use or Privacy Policy prior to any further use of the Website. Should you wish to terminate your account due to a modification to these Terms of Use or the Privacy Policy, you may do so by sending an email with the subject line “Termination of Account” to the following email address: [email protected]. If you choose to continue using the Website, you agree that by doing so you will be deemed to accept the new Terms of Use or Privacy Policy, as relevant.
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
Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.
22. Waiver and Severability
No waiver by theJuggl of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of theJuggl to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect
23. No Third-Party Beneficiaries
These Terms of Use do not and are not intended to confer any rights or remedies upon any person other than you.
24. Entire Agreement
The Terms of Use, our Privacy Policy, and any other supplemental terms or agreements that may apply to a particular use or transaction, constitute the sole and entire agreement between you and theJuggl regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.