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As owned and operated by JMCV-1, LLC, a Minnesota limited liability company, on behalf of itself, its shareholders, members, directors, managers, officers, employees, and agents, as well as its direct or indirect subsidiaries and affiliates (collectively "we", "us", or "our"), this Agreement sets forth the terms and conditions that apply to your access and use of this Internet website (<http://Admin.JimMartinCompanies.com>) and the information, tools, features, and functionality located thereon (our "Service").
You are only entitled to access and use our Service for lawful purposes. Your right to access and use our Service is personal to you and is not transferable by you to any other person or entity. Your access and use of our Service may be interrupted from time to time for any of several reasons, including, but not limited to, the malfunction of equipment, periodic updating, maintenance or repair, or other actions that we, in our sole discretion, may elect to take. We grant you the right to view and use our Service subject to the terms of this Agreement.
If you are not of an age to form a legally binding contract with us, you may not use our Service and you may not accept this Agreement. If you accept this Agreement, you warrant and represent to us that you have the capacity to be bound by this Agreement or if you are acting on behalf of a company or entity that you have the authority to bind such entity. By using our Service, you agree to be bound by the terms and conditions of this Agreement, and any future modifications.
We may modify this Agreement from time to time, and shall post changes to this Agreement on our Service, currently published at <http://Admin.JimMartinCompanies.com/terms.php>. You are deemed to accept and agree to be bound by any changes to this Agreement when you use our Service after the date this Agreement was revised; in this case Monday, May 16th, 2011. This Agreement represents the entire understanding and agreement between you and us regarding the subject matter of the same, and supersedes all other previous agreements.
This Agreement, and your relationship with us under this Agreement, shall be governed by the laws of the State Of Minnesota without regard to its conflict or choice of laws provisions. Any dispute with us arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court in Minnesota's 10th Judicial District in Washington County, Minnesota, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case we may seek such relief in any court with jurisdiction over you. You understand that, in return for agreeing to this provision, we are able to offer our Service at the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement.
You acknowledge and understand that, with respect to any dispute with us arising out of or relating to your use of our Service or this Agreement, you waive your right to a trial by jury and your right to serve as a representative, private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants in any lawsuit involving any such dispute.
Our Service may provide links to other websites belonging to third parties. We do not endorse, warrant or guarantee any products or services advertised or otherwise made available through such links, whether or not sponsored, and we are not an agent or broker or otherwise responsible for the activities or policies of those web sites. We do not guarantee that any service terms, rates or rewards offered by any particular third party on our Service are actually the terms that may be offered to you if you pursue the offer or that they are the best terms or lowest rates or prices available in the market.
You agree and understand that you are responsible for maintaining the confidentiality of any and all information and content provided during your use of our Service (collectively "Information"). You agree to provide true, accurate, current, and complete Information, and agree not to misrepresent any Information. If you become aware of any unauthorized use of your Information, you agree to notify us immediately via the contact form located online at <http://Admin.JimMartinCompanies.com/contact>.
By submitting Information, you represent that you are entitled to submit such Information, without any obligation by us to pay any fees or other limitations, expressly authorize us to access your information, and license that Information to us for any purpose we, in our sole discretion, deem necessary and proper to use.
If you register an account, you warrant and represent to us that you have acknowledged reading this Agreement via an indication of your acceptance during the registration process. By providing us with your e-mail address, you agree to receive all required notices electronically to that e-mail address and agree to update or change such Information when appropriate. You understand and agree that we neither guarantee the delivery nor the accuracy of the content of any notice. You further agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any notice, for any errors in the content of a notice, or for any actions taken or not taken by you or any third party in reliance on a notice.
For the privilege of accessing an online database on our Service for a limited period of time (your “Membership”), you agree to remit a nonrefundable payment in the form and manner prescribed by us. Your Membership shall expire on the date disclosed during the remittance of said payment.
We are not a financial planner, broker, or tax adviser. Our Service is provided to you by us and neither we nor our Service is intended to provide legal, tax, or financial advice. Your personal financial situation is unique, and any information and advice obtained through our Service may not be appropriate for your situation. Before making any final decisions or implementing any financial strategy, you agree to consider obtaining information and advice from your accountant or other financial adviser who is fully aware of your individual circumstance.
The content and all services and products associated with or provided through our Service (whether or not sponsored) are provided to you on an "AS-IS", "WHERE-IS", and "AS-AVAILABLE" basis. We make no representations, warranties, or guarantees of any kind, expressed or implied, whether or not sponsored, as to the content and operation of our Service, regarding the accuracy, reliability, or completeness of the content on our Service, and the content that may be available through our Service is free of infection from any virus or other code or computer programming routines that contain contaminated or destructive properties or that are intended to damage, surreptitiously intercept or expropriate any system, data, or personal information. We expressly disclaim any warranties of non-infringement or fitness for a particular purpose, and you expressly agree that your use of our Service is at your sole risk.
The contents of our Service, including its "look and feel" (in example: text, graphics, images, logos, and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material belong to us or are licensed to us and are protected under both United States and other applicable copyright, trademark and other laws. You may download or print a copy of information provided on our Service for your personal, internal, and non-commercial use only. Any distribution, reprint, or electronic reproduction of our Service in whole or in part for any other purpose is expressly prohibited without our prior written consent.
You agree that you shall not use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate, upload to, or search our Service for any reason whatsoever including, but not limited to, the posting of any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of our Service, or in an attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of our Service.
You shall defend, indemnify and hold us harmless from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
We shall in no event be held responsible or liable to you or to any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any indirect, special, incidental, consequential, exemplary, liquidated, or punitive damages, including, but not limited to, loss of profit, revenue, or business arising in whole or part from your access to or use of our Service or this Agreement, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary in this Agreement, our liability to you for any cause whatever and regardless of the form of the action, will at all times be limited to $250.00 (two-hundred and fifty United States dollars).
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement. You agree that if we do not exercise or enforce any legal right or remedy which is contained in this Agreement (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement will continue to apply until terminated by us at our sole discretion. If you wish for us to terminate this Agreement, your only recourse shall be for your to cancel your membership and discontinue your access and use of our Service. If you terminate your membership, your ability to login will be immediately deactivated and Information may be removed.
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