JBE Holdings Inc.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
This website is operated by JBE Holdings Inc and its service entity Jennifer’s Way (“JBE”, “JW”, “we” or “us”). These terms and conditions of use (“Site Terms”) apply solely to your access to, and use of, the jennifersway.org.com Web site operated by JBE and other JBE or JW Web sites which link to these Site Terms (the “Sites”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with JBE for products, services or otherwise.
We reserve the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Sites, at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of these Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended terms, you must stop using the Sites.
If you have any question regarding the use of the Sites, please refer first to the Help Section or the Frequently Asked Questions on each site. All questions or comments about the Sites or site content should be directed to email@example.com.
2. Registration Form Tools in Forum, Newsletter and Email Subscription; Accuracy of Forms, Tools and Site Information
You, the user, are solely responsible for properly completing the form and submitting it in a timely manner. Although we work hard to see that the forms and the information we provide on the Sites are accurate, up-to-date and complete, and that the tools we offer, such as the auto delivery of newsletter content, operate as intended, we cannot guarantee and make no representations regarding the accuracy or currency of such forms or information or the operation of our tools. Therefore, the Registration Form Tool in the Forum, and the subscription forms for newsletter and email blasts and the information and materials on the Sites are provided “AS IS,” and you are solely responsible for assuring the information you submit meets all the requirements for your state and is properly submitted.
3. Integrated Communications
As a registered user, you may request to have updates and notifications sent from your Facebook, Twitter or other social media accounts, and via your mobile devices. If so, you consent to our communicating with you via your mobile device. We do not charge for these services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. At any time, you may unsubscribe using the particular services normal methods. In addition, JBE may use from time to time the services of push media entities such as Fanbridge, and your use of this site confirms your permission for us to communicate with you in this manner.
4. Copyright and Limited License
Unless otherwise indicated in the Sites, the Sites and all content and other materials on the Sites, including, without limitation, JBE’s and JW’s logo, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of JBE or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Sites and the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the reproduction, distribution, public performance or public display of any Site Materials, except as expressly permitted on the Site; (c) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (f) any use of the Sites or the Site Materials other than for its intended purpose. Any use of the Sites or the Site Materials other than as specifically authorized herein, without the prior written permission of JBE, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. All rights are reserved regarding any and all intellectual property contained herein, and this license is revocable at any time.
5. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, JBE has adopted a policy of terminating, in appropriate circumstances as determined by JBE in its sole discretion, subscribers or account holders who are deemed to be repeat infringers. JBE may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
6. Copyright Complaints
All complaints regarding intellectual property shall be sent in writing to David Leason, Leason Ellis LLP, One Barker Avenue, Fifth Floor, White Plains, New York 10601-1526. Please see 17 U.S.C. 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
All logos and slogans contained in the Sites are trademarks or service markes of JBE, its suppliers or licensors, or other third parties and may not be copied, imitated or used, in whole or in part, without the prior written permission of JBE or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “JBE” or any other name, trademark or product or service name of JBE without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of JBE and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
As a blog site, Jennifersway.org welcomes the linking of our site to other sites related to, focused on, or encouraging the discussion about, Celiac Disease and related disorders, and the benefits of living a gluten free lifestyle. We welcome your interest in hyperlinking to our site, however you may not do so without permission, which you may receive by sending a request to Peter Dugan, COO, JBE Holdings Inc, 16 Shalebrook Drive, Morristown, NJ 07960 or email to firstname.lastname@example.org. You may not use a JW or JBE logo or other proprietary graphic of JBE to link to these Sites without the express written permission of JBE. Further, you may not use, frame or utilize framing techniques to enclose any JW or JBE trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without JBE’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of JBE or any third party.
JBE makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party Web sites accessible by hyperlink from the Sites, or Web sites linking to the Sites. Such sites are not under the control of JBE and JBE is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. JBE provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by JBE of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
9. Third Party Content and Advertising and Promotion
We may make third party information and other content, including but not limited to advertising and promotion available on or through the Sites (the “Third Party Content”) as a service to those interested in this information and we may provide information regarding or access to third party products or services available on or through the Sites (“Third Party Products and Services”). Your business dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. JBE does not control, endorse or adopt any Third Party Content or Third Party Products, and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that JBE is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
You acknowledge and agree that any forum discussion, feedback, questions, comments, suggestions, ideas, or other information or materials regarding the Site or JBE that are provided by you in the form of a forum discussion string, email or other submissions to JBE, or any postings on the Sites, are non-confidential and shall become the sole property of JBE. JBE shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose without acknowledgment or compensation to you.
11. User Content and Interactive Services or Areas
The Sites may include interactive areas or services (“Interactive Areas”), such as forums, blogs, chat rooms or message boards, or other areas or services in which you or other users may create, post, share or store content, messages, materials, data, information, text, graphics, audio, video, or other items or materials on the Sites (“User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Sites any of the following:
a. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive or misleading;
b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Unsolicited promotions, political campaigning, advertising, or solicitations;
f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files; and
h. User Content which violates the terms of any JBE guidelines, policies or rules posted on the Site or otherwise provided to you; and
i. User Content that, in the sole judgment of JBE, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose JBE or its users to any harm or liability of any type.
JBE does not guarantee that any submission to a forum will be posted on the site. JBE takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is JBE liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. Enforcement of the user content or conduct rules set forth in these Site Terms is solely at JBE’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Sites will not contain any content that is prohibited by such rules. As a provider of interactive services, JBE is not liable for any statements, representations, or User Content provided by its users in any public forum, blog or other Interactive Area. Although JBE has no obligation to do so, it reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense. Any use of the Interactive Areas or other portions of the Sites in violation of the foregoing violates these Site Terms and may result in, among other things, termination, or suspension of your rights to use the Interactive Areas and/or the Sites.
Except as otherwise provided, you retain ownership of all User Content you post on the Sites. However, if you post User Content to the Sites, unless we indicate otherwise, you grant JBE and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any manner or media, including without limitation in advertising, fundraising and other communications in support of JBE and its mission to increase the diagnosis of, and enhance the life of, those with Celiac Disease and related disorders, and anyone else who chooses to find benefit in living a gluten free life, without any right of compensation or attribution . You grant JBE and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
12. Registration Data; Account Security
In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to JBE, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to JBE.
You agree to defend, indemnify and hold harmless JBE, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Sites, your use of the Interactive Areas, or any act or omission relating to the Site or the User Content, including without limitation any actual or threatened suit, demand or claim made against JBE and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY JBE, THE SITES, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. JBE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITE. JBE DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
JBE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE JBE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND SERVICES SAFE, JBE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
JBE IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY PRODUCTS, SERVICES, ACTIVITIES OR EVENTS LISTED ON THE SITES OR FOR THE CONDUCT OF THIRD PARTY MANUFACTURER, SERVICE PROVIDER OR ANY EVENT OR ACTIVITY ORGANIZERS OF OTHER USERS OF THE SITES.
JBE reserves the right to change any and all content contained in the Sites and any Services offered through the Sites at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by JBE.
15. Limitation of Liability
WHILE JBE THROUGH ITS SITES DISSEMINATES INFORMATION COMMONLY KNOWN ABOUT CELIAC DISEASE, JBE IS NOT REPRESENTING IT IS A MEDICAL EXPERT. WHILE THE PRINCIPALS AND EMPLOYEES OF JBE, INCLUDING JENNIFER ESPOSITO, HAVE EPERIENCED POSITIVE LIFE OUTCOMES FROM CHOOSING TO LIVE GLUTEN FREE, AND MAKE USE OF OTHER PRODUCTS, PROCESSES, MENTAL AND PHYSICAL ACTIVITIES THAT APPEAR TO SHOW POSITIVE BENEFITS TO JENNIFER, WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT ANY USER WILL HAVE SAME OR SIMILAR RESULTS. THE STORIES AND INFORMATION CONTAINED HEREIN REFLECT SOLEY THE EXPERIENCE OF JENNIFER ESPOSITO, HER FRIENDS AND ASSOCIATES, AND THOSE SITE USERS WHO RELATE SIMILAR INFORMATION THROUGH INTERACTING WITH THE SITE. AS SUCH, AND IN NO EVENT SHALL JBE OR OUR EMPLOYEES, AGENTS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM JBE OR JW, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO JBE’s RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF JBE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO JBE FOR ACCESS TO OR USE OF THE SITES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
16. Applicable Law and Venue
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of New Jersey applicable to agreements made and to be entirely performed within the State of New Jersey, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in New Jersey and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, JBE reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent future your access to and use of the Sites.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.