TERMS AND CONDITIONS
FOR THE COMMERCIAL UTILITY INFORMATION
PROVIDED BY URJANET, INC.
With respect to the commercial utility information provided by Urjanet, Inc. or its subsidiary or affiliated companies, (“Urjanet”) under the agreement that references these Terms (“Agreement”), including any associated software, platform and services (collectively, the “Services”), Member end user (“End User”) agrees as follows (the “Terms”):
1. End User agrees to access and use the Services in accordance with these Terms.
2. If End User registers for an Urjanet account to use the Services, End User must complete the registration process specified in the Services by providing Urjanet with complete and accurate information as requested by such process. End User agrees to keep its registration data complete, accurate and up-to-date, and End User is responsible for any loss caused by End User’s failure to do so. It is End User’s responsibility to maintain the confidentiality of any sign-in and password required to access and use the Services. End User is also responsible for all activities that occur under its account. End User agrees to notify Urjanet immediately of any unauthorized use of End User’s account. Urjanet is not liable for any loss that End User may incur because of someone else using End User’s password or account. Urjanet may suspend or terminate End User’s account if Urjanet has a reasonable belief that it is being used in connection with fraudulent activity, or if End User breaches these Terms, and also suspend or terminate End User’s access to the Services, in whole or in part.
3. End User may authorize certain users to access Services under End User’s Urjanet account (“Authorized Users”). End User will prevent unauthorized use of the Services by Authorized Users and terminate any unauthorized use of or access to the Services. End User will promptly notify Urjanet of any unauthorized use of or access to the Services. Authorized Users must use the Services in compliance with these Terms, and End User is responsible for use of the Services by Authorized Users.
4. END USER’S USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SERVICES IS AT END USER’S OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS AND SERVICES, CONTAINED WITHIN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO END USER ON AN “AS IS,” “AS AVAILABLE” BASIS. URJANET AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SERVICES (THE “URJANET PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE URJANET PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. THE URJANET PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. THE URJANET PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR MATERIAL OF ANY KIND CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE.
5. THE URJANET PARTIES ARE NOT RESPONSIBLE FOR ANY FAILURE TO ACCESS OR USE THE SERVICES OR FOR FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, LOST, INTERRUPTED, OR UNAVAILABLE CONNECTIONS OF ANY KIND, MISCOMMUNICATIONS OR FAILED TRANSMISSIONS OF DATA, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT OR ERROR RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO END USER. IN SUCH JURISDICTIONS, THE URJANET PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
6. IN NO EVENT SHALL THE URJANET PARTIES BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) END USER’S INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH END USER’S PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED IN THE SERVICES OR ANY MATERIALS OR CONTENT OBTAINED THROUGH THE SERVICES; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO END USER’S DEVICE OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE SERVICES; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF END USER’S USE OF OR ACCESS TO THE SERVICES, OR THE CONTENT LINKED TO OR FROM THE SERVICES. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, AND STRICT LIABILITY OR OTHERWISE, EVEN IF THE URJANET PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL THE URJANET PARTIES’ LIABILITY EXCEED $500.
7. Urjanet reserves the right to interrupt the Services from time to time on a regularly scheduled basis or otherwise, with or without notice, in order to perform necessary maintenance. End User agrees that Urjanet will not be liable for any interruption of the Services, or from any delay or failure to perform for any reason. End User acknowledges that the Services may also be interrupted for reasons beyond the control of Urjanet, and Urjanet cannot make any assurances that End User will be able to use the Services whenever it desires to do so.
8. In accessing and using the Services, End User agrees that it and its Authorized Users will not:
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of any content available through the Services.
• Use the Services in any manner which could damage, overburden or interfere with the use of the Services or other users’ devices, or damage, disrupt or limit the functioning of any software, hardware, or telecommunications equipment.
• Attempt to gain unauthorized access to the Services, any related website, or other accounts, computer systems, or networks connected to the Services, through hacking, password mining, or any other means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services, including by collecting information about others such as email addresses.
9. End User represents and warrants that its use of the Services will at all times comply with all applicable federal, state and local laws, rules, regulations, ordinances and orders.
10. Accessing the Services by certain persons in certain countries may not be lawful, and Urjanet makes no representation that materials provided through the Services are appropriate or available for use in locations outside the United States. If End User choose to access the Services from outside the United States, it does so at its own risk. The United States controls the export of any software downloadable from the Services. No software or any other materials associated with the Services may be downloaded, exported or re-exported to countries or persons prohibited under export control laws, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. End User is responsible for compliance with the laws of its local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from the Services, End User represents and warrants that it is not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or is not a person or entity to which such export is prohibited.
11. Any dispute, controversy or claim arising out of or relating to these Terms shall be submitted to JAMS/Endispute or its successor (“JAMS”) for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS for final and binding arbitration. Any dispute, claim or controversy arising out of or relating to these Terms or the enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration with JAMS in Atlanta, Georgia before three (3) arbitrators. The arbitration shall be administered by JAMS pursuant to its Expedited Arbitration Rules and Procedures, or its equivalent. In addition to all other relief, the arbitrator shall have the power to award reasonable attorneys’ fees and costs to the prevailing party. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction in Georgia and no other jurisdiction.
12. The Services, and its contents, including but not limited to text, photographs, graphics, video and audio material, software, Urjanet logos, titles, characters, names, and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Urjanet or by other parties that have provided rights thereto to Urjanet.
13. End User may not, and agrees that it will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through the Services, in whole or in part, without the express written permission of Urjanet.
14. Any trademarks, service marks, product names and company names or logos appearing in any part of the Services that are owned by Urjanet, its affiliates, licensors, or suppliers may not be used without express permission from the respective owner.