WE HAVE MADE EVERY
EFFORT TO ACCURATELY REPRESENT OUR PRODUCTS AND SERVICES. THE REPRESENTATION OF
THE POTENTIAL OF OUR PRODUCTS AND SERVICES IS SUBJECT TO OUR INTERPRETATION.
WHILE THE POTENTIAL FOR THOSE PEOPLE THAT USE OUR PRODUCTS AND
SERVICES IS USUALLY VERY ENCOURAGING. YOU ACKNOWLEDGE THAT YOUR POTENTIAL IS SUBJECT TO MANY INDEPENDENT FACTORS, ALL OF WHICH VARY FROM
INDIVIDUAL TO INDIVIDUAL AND ARE OFTEN OUT OF ANY INDIVIDUAL’S CONTROL.
AS SUCH, WE MAKE NO
WARRANTY OR GUARANTEE OF ANY KIND THAT YOU WILL EXPERIENCE ANY SPECIFIC LEVEL
OF OUTCOME BY USING OUR PRODUCTS AND SERVICES.
ANY EXAMPLES WE HAVE
PROVIDED SHOULD NOT BE INTERPRETED AS ANY GUARANTEE OF RESULTS. WE DO NOT
ASSERT THAT OUR PRODUCTS AND SERVICES REPRESENT A “CURE.”
UPON REQUEST, WE MAY
ASSIST YOU IN THE VERIFICATION OF CLAIMS OF ACTUAL TESTIMONIALS AND/OR EXAMPLES OF
ACTUAL RESULTS ACHIEVED, THOUGH WE ARE UNDER NO OBLIGATION TO DO SO.
HOWEVER, WE CANNOT AND
DO NOT OFFER YOU ANY GUARANTEE OF RESULTS NOR ARE WE RESPONSIBLE FOR ANY DECISIONS YOU MAKE.
ANY AND ALL FORWARD LOOKING STATEMENTS USED
WITH OUR PRODUCTS AND SERVICES ARE SOLELY BASED UPON POTENTIAL OUTCOMES. AS THERE ARE MANY FACTORS THAT WILL DETERMINE YOUR ACTUAL RESULTS,
WE MAKE NO GUARANTEES THAT YOU WILL ACHIEVE SIMILAR OR ANY RESULTS FROM YOUR
USE OF OUR PRODUCTS AND SERVICES.
This membership agreement (the “Membership Agreement”) contains the
terms and conditions that govern your use of the gogetfocused.com website
(the “Website”) and the Services (as defined below). THIS MEMBERSHIP AGREEMENT
DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES, AND INCLUDES DISCLAIMERS OF
WARRANTIES, LIMITATIONS OF LIABILITY, A CLASS ACTION WAIVER, AND THE
REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS. THESE PROVISIONS FOR AN ESSENTIAL
BASIS OF OUR AGREEMENT.
If you do not agree with any of these terms, do not access or
otherwise use the Website or Services, or any information or materials
contained on the Website.
JAI International Inc. owns and operates the
Website. This Membership Agreement is between you and JAI International Inc. JAI International Inc. reserves the right to add, delete, and modify any of the terms
and conditions contained in this Membership Agreement at any time and in its
sole discretion by posting a change notice or a new agreement on the Website.
In the event of substantive changes to this Membership Agreement, the new terms
will be posted to the Website, you will be required to affirmatively assent to
its terms, and you may also be notified by email. If any modification is
unacceptable to you, your only recourse is not to use the Website and the
Services and to request an immediate termination of your membership. Your
express consent or continued use of the Website or the Services following
posting of a change notice or new Membership Agreement on the Website will
constitute binding acceptance of the changes.
1. The Services
1.1. JAI International Inc. provides an Internet-based service through the Website (all such services, collectively, the “the Services”),
including without limitation training and materials for you to properly engage in home based training. JAI International Inc. reserves the right to add, change,
and delete content and services from the Website or Services from time to time.
1.2. If applicable, you agree to pay, and authorize automatic
recurring billing of, the membership fee with your credit card, or other
payment methods, until subsequently cancelled. You understand and agree that each subsequent automatic recurring billing of
the membership fee is not refundable and will not be prorated.
1.3. JAI International Inc. reserves the right to change the membership
fee from time to time.
2. Use of the Website and the Services
2.1. JAI International Inc. will only knowingly provide the Services to
parties that can lawfully enter into and form contracts under applicable law.
The Website and the Services are not for anyone under the age of 18 and any
such use is prohibited unless purchased by a parent.
2.2. You must comply with all of the terms and conditions of this
Membership Agreement, the applicable agreements and policies referred to below,
and all applicable laws, regulations, and rules when you use the Website and
2.3. Your License to Use the Website and the Services.
2.3.1. JAI International Inc. own the licenses all intellectual property
and other rights, title, and interest in and to the Website, Services, and the
materials accessible on or through the Website and Services, except as
expressly provided for in this Membership Agreement. For example, and without
limitation, JAI International Inc. owns trademarks, copyrights, and certain training techniques used in providing the Services. You will not acquire any right,
title or interest therein under this Membership Agreement or otherwise unless
expressly provided for herein.
2.3.2. JAI International Inc. grants you a limited revocable license to
access and use the Website and Services for their intended purposes, subject to
your compliance with this Membership Agreement. This license does not include
the right to collect or use information contained on the Website for purposes
that JAI International Inc. prohibits or to compete with JAI International Inc. If
you use the Website or the Services in a manner that exceeds the scope of this
license or breaches any relevant agreement, your license shall terminate
2.4. Third-Party Services. JAI International Inc. may provide links on
the Website to other websites that are not affiliated with, under the control
of, or otherwise maintained by JAI International Inc., and may use third parties
to provide certain services accessible through the Website. JAI International Inc. does not control those third parties or their services, and you agree
that JAI International Inc. not be liable to you in any way for your use of
policies. You must comply with such terms and policies as well as this
Membership Agreement when you use these services. If any such terms or policies
conflict with the Membership Agreement, agreements or policies, you must comply
with the Membership Agreement, agreements, or policies, as applicable. JAI International does not endorse or make any representations or warranties about
third party sites or any information, software, or other products or services
3.1. For the purpose of this Membership Agreement, “Confidential
Information” shall be deemed to include all information and materials that: (a)
if in written format is marked as confidential, or (b) if disclosed verbally is
noted as confidential at time of disclosure, or (c) in the absence of either
(a) or (b) is information which a reasonable party would deem to be non-public
information and confidential.
3.2. Confidential Information shall include without limitation: all
information provided on or through the Website or the Services; trade secrets,
inventions, research methods, methods of compiling information, methods of
creating the JAI International Inc. database, procedures, devices, machines,
equipment, data processing programs, software, computer models, research
projects, and other means used by JAI International Inc. in the conduct of its
business; product formulations, strategies, product or other development, new and innovative product ideas,
potential acquisitions or divestitures, and new marketing ideas; information
with respect to costs, commissions, fees, profits, sales, markets, sales
methods and financial information; mailing lists, the identity of JAI International Inc. customers, potential customers, distributors, and suppliers and their
names and addresses, the names of customer representatives responsible for
entering into contracts for JAI International Inc. products or services, the
amounts paid by JAI International Inc. customers, specific customer needs and
requirements, and leads and referrals to prospective customers; and the
structure, sequence, and organization of the JAI International Inc. database,
together with source code and object code; and the identity of JAI International Inc. employees, their respective salaries, bonuses, benefits, qualifications
3.3. You acknowledge and agree that the nature of JAI International Inc. confidential, proprietary, and trade secret information to which you have, and
will continue to have, access to derives value from the fact that it is not
generally known and used by others in the highly competitive, international
industry in which JAI International Inc. competes. You further acknowledge and
agree that, even in complete good faith, it would be impossible for you to work
in a similar capacity for a competitor of JAI International Inc. without drawing
upon and utilizing information gained pursuant to this Membership Agreement.
3.4. You acknowledge that you are receiving such Confidential
Information in confidence and will not publish, copy, or disclose any
Confidential Information without prior written consent from the Company. You
further agree that you shall not attempt to reverse engineer, de-compile or try
to ascertain the source code to JAI International Inc. software or any other
software supplied hereunder. You acknowledge that you will only use the
Confidential Information to the extent necessary to train, and
that you will use best efforts to prevent unauthorized disclosure of the
Confidential Information to any third party.
3.5. The obligation of confidentiality shall not apply to any
particular portion of Confidential Information which: (a) was in the public
domain when JAI International Inc. granted access to you; (b) entered the public
domain through no fault of you subsequent to receipt; (c) was in your
possession free of any obligation of confidence at the time of the disclosure
by JAI International Inc. (d) was rightfully communicated by a third party to
you free of any obligation of confidence subsequent to the time of the
originating party’s communication thereof to you; (e) was developed by you
independently of and without knowledge or reference to any Confidential
Information; (f) is approved for release by written authorization from JAI International Inc.; or (g) is required to be disclosed pursuant to any statute,
law, rule or regulation of any governmental authority or pursuant to any order
of any court of competent jurisdiction, but in any case, you will immediately
notify JAI International Inc. disclosure and given a reasonable
opportunity to obtain a protective order or other form of protection.
3.6. You agree not to alone or in association with others use
Confidential or trade secret information to (a) solicit, or facilitate any
organization with which you are associated in soliciting, any employee or
customer of JAI International Inc. to alter its relationship with JAI International Inc.; (b) solicit for employment, hire, or engage as an independent
contractor, or facilitate any organization with which JAI International Inc. associated in soliciting for employment, hire, or engagement as an independent
contractor, any person who was employed by JAI International Inc. time
during the term of this Membership Agreement (provided, that this clause (b)
shall not apply to any individual whose employment with JAI International Inc. was terminated for a period of one year or longer); or (c) solicit business
from or perform services for any customer, supplier, licensee, or business
relation of JAI International Inc., induce or attempt to induce, any such entity
to cease doing business with JAI International Inc.; or in any way interfere with
the relationship between any such entity and JAI International Inc.
3.7. You agree that you will not make any derogatory statements,
either oral or written, or otherwise disparage JAI International Inc., gogetfocused.com products, employees, services, work or employment, and will
take all reasonable steps to prevent others from making derogatory or
disparaging statements. You agree that it would be impossible, impractical, or
extremely difficult to fix the actual damages suffered by reason of a breach of
this paragraph, and accordingly hereby agree that five thousand dollars
($5,000) shall be presumed to be the amount of damages sustained by reason of
each such breach, without prejudice to JAI International Inc. right to also seek
injunctive or other equitable relief.
3.8. Other than as expressly provided for herein, in no event shall
you be deemed by virtue hereof to have acquired any right or interest by
license or otherwise, in or to the Confidential Information.
3.9. You agree that all originals and any copies of the Confidential
Information remain the property of JAI International Inc. You shall reproduce
all copyright and other proprietary notices, if any, in the same form that they
appear on all the materials provided by JAI International Inc., on all copies of
the Confidential Information made by you. You agree to return all originals and
copies of all Confidential Information in your possession or control to JAI International Inc. at JAI International Inc. request.
4. General Rules
4.1. Prohibited Use. You may only use the Website and Services to
promote your business, as expressly permitted by JAI International Inc. You may
not cause harm to the Website or Services. Specifically, but not by way of
limitation, you may not: (i) interfere with the Website or Services by using
viruses or any other programs or technology designed to disrupt or damage any
software or hardware; (ii) modify, create derivative works from, reverse
engineer, decompile or disassemble any technology used to provide the Website
or Services; (iii) use a robot, spider or other device or process to monitor
the activity on or copy pages from the Website or Services, except in the
operation or use of an internet “search engine,” hit counters or similar
technology; (iv) collect electronic mail addresses or other information from
third parties by using the Website or Services; (v) impersonate another person
or entity; (vi) engage in any activity that interferes with another user’s
ability to use or enjoy the Website or Services; (vii) assist or encourage any
third party in engaging in any activity prohibited by this Membership
Agreement; (viii) co-brand the Website or Services; (ix) frame the Website or
Services; or (x) hyper-link to the Website or Services, without the express
agree to the collection, use and disclosure of your personal information in accordance
4.3. Ordering Policies. If you purchase any products or services on or
through the Website or Service, you agree that your use of the product or
service is limited by this Membership Agreement as well.
4.4. Password Restricted Areas of the Website. Most areas of the
Website are password restricted to registered users (“Password-Protected
Areas”). If you have registered as an authorized user to gain access to these
Password-Protected Areas, you agree that you are entirely responsible for
maintaining the confidentiality of your password, and agree to notify JAI International Inc. if the password is lost, stolen, disclosed to an unauthorized
third party, or otherwise may have been compromised. You agree that you are
entirely responsible for any and all activities that occur under your account,
including any fees that may be incurred under your password-protected account,
whether or not you are the individual who undertakes such activities. You agree
to immediately notify JAI International Inc. of any unauthorized use of your
account or any other breach of security in relation to your password or the
Website that is known to you.
4.5. Spam Policy: You may not use the Website or Services to engage in
unethical marketing activities, including without limitation spamming. The
following are examples of activities that are not permitted, and which may
result in an immediate deactivation of your account or termination of your
membership: a) disguising the origin of any content transmitted to or through
the Website or Services, or using any other means of deceptive addressing; b)
relaying email from a third party’s mail servers without the permission of that
third party; c) transmitting any material that is unlawful or used without
adequate permission from the owner of the material; d) harvesting email
addresses in a manner that is unlawful or in violation of the rights of a third
party; e) sending email that contains inaccurate header information or domain
names that are not valid or do not exist; f) sending email that contains false
or misleading information in the subject line or body of the message; g)
sending email that does not indicate that it is an advertisement, does not
include a functioning opt-out mechanism, or does not include your valid
physical mailing address; or h) sending email that violates applicable law,
including without limitation the CAN-SPAM Act or the applicable laws of the
jurisdictions from which you send email or in which the email is received the acceptable
use policies of Insta Social Secrets’ email service provider.
5. Reservation of Rights
5.1. Monitoring. JAI International Inc. reserves the right, but does not
assume the obligation, to monitor transactions and communications that occur
through the Website and Service. If JAI International Inc. determines, in its
sole and absolute discretion, that you or another user has or will breach a
term or condition of this Membership Agreement or that such transaction or
communication is inappropriate, JAI International Inc. may cancel such
transaction or take any other action to restrict access to or the availability
of any material that may be considered objectionable, without any liability to
you or any third party.
5.2. Modification of the Service. JAI International Inc. may modify the
Website or Services at any time with or without notice to you, and will incur
no liability for doing so.
6.1. JAI International Inc. asks that you respect the Website online
community. Your conduct when using the Website and Services should be guided by
common sense and basic etiquette. To further these common goals, you agree not
6.1.1. Disparage the products or services of any company or
6.1.2. Impersonate or represent JAI International Inc., JAI International Inc. staff, or other industry professionals.
6.1.3. Link to or post content not allowed on the Website.
6.1.4. Solicit a user’s password or other account information.
6.1.5. Harvest user information for any purpose.
6.1.6. Use racially or ethnically offensive language; discuss or
incite illegal activity; use explicit or obscene language; or solicit or post
sexually explicit images.
6.1.7. Harass, threaten, or embarrass anyone.
6.1.8. Post anything that you do not have the legal right to post; and
6.1.9. Violate any law, or make any untrue or misleading statement;
7.1. Your Submissions. When you submit questions, comments,
suggestions, ideas, message board postings, material submitted via web forms,
contest entries, communications or any other information (“Submissions”), you
grant JAI International Inc.an unrestricted license to use such Submissions for
any purpose, including without limitation marketing and other promotional
purposes and the right to sublicense. You agree that JAI International Inc. will
have no obligation to keep any Submissions confidential. You will not bring a
claim against JAI International Inc. based on “moral rights” or the likes arising
from JAI International Inc. use of a Submission.
7.2. Submissions by Others. JAI International Inc. not control the
content posted by third parties and does not guarantee the accuracy, integrity,
or quality of such content. You understand that by using the Website or
Services, you may be exposed to content that is offensive, indecent, or
objectionable. Under no circumstances will JAI International Inc. be liable in
any way for any content, including, but not limited to, for any errors or
omissions in any content, or for any loss or damage of any kind incurred as a
result of the use of any content posted, emailed, transmitted, or otherwise
made available via the Website or Services by third parties.
8. Representations and Warranties
8.1. Mutual Representations and Warranties. Each party represents to
the other that: (i) the party has the full power and authority to enter into
and perform under this Membership Agreement, (ii) execution and performance of
this Membership Agreement does not constitute a breach of, or conflict with,
any other agreement or arrangement by which the party is bound, and (iii) the
terms of this Membership Agreement are a legal, valid, and binding obligation
of the party entering into this Membership Agreement, enforceable in accordance
with these terms and conditions.
8.2. By You. You represent and warrant to Insta Social Secrets that,
in your use of the Website and Services, you: (i) will not infringe the
copyright, trademark, patent, trade secret, right of privacy, right of
publicity or other legal right of any third party; (ii) will comply with all
applicable laws, rules, and regulations; (iii) will not disrupt or damage any
software or hardware; and (iv) you will provide correct, current, and complete
billing and contact information.
9. Arbitration and Waiver of Class Claims
9.1. YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR
CONTROVERSIES BETWEEN YOU AND JAI INTERNATIONAL INC., INCLUDING, WITHOUT
LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE, OR
LOCAL STATUTE, LAW, ORDER, ORDINANCE, OR REGULATION, AND THE ISSUE OF
ARBITRABILITY, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION
PROCEDURES SET BELOW. THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS
SHALL BE BROUGHT SOLELY IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR
PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES FURTHER AGREE THAT THE
ARBITRATOR SHALL NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND SHALL NOT
OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE
PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.
ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED
BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE
ARBITRATOR MAY BE ENTERED BY A Wyoming STATE OR FEDERAL COURT HAVING
JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A
TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION,
ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL
ARBITRATION ACT (“FAA”).
9.2. The following procedures shall apply:
9.2.1. Any party that intends to make a claim shall first notify the
opposing party in writing of such intention and shall describe in such notice,
with reasonable particularity, the nature and basis of such claim, and the
total amount of the claim. Within thirty (30) days of receipt of such notice,
the party receiving notice of a claim shall provide a written response which,
with reasonable particularity, sets forth its position concerning the claim. If
the parties are unable to resolve the dispute arising from the claim by good
faith negotiations to be conducted within the thirty (30)-day period following
the written response, either of them may initiate binding arbitration pursuant
to the terms and conditions set forth below.
9.2.2. In the event a party elects to proceed with binding
arbitration, it shall provide written notice thereof to the other party by
registered or certified mail. The arbitration shall be conducted in the state
of California, but may proceed telephonically in the event the total amount of
the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses).
9.2.3. Separate and apart from the agreement to arbitrate set forth
above, the parties hereby independently waive any right to bring or participate
in any class action in any way related to, or arising from, this Membership
10. Disclaimers and Exclusions
10.1. DISCLAIMER OF WARRANTIES. Insta Social Secrets PROVIDES THE
WEBSITE, SERVICES, AND ALL CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. JAI INTERNATIONAL INC. DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SERVICES, OR
WEBSITE CONTENT, OR USE THEREOF: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE
OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL
OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. JAI INTERNATIONAL INC. MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS
MEMBERSHIP AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY, AND NON-INFRINGEMENT.
10.2. EXCLUSION OF DAMAGES. JAI INTERNATIONAL INC. WILL NOT BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR
SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO POOR OUTCOME, LOST DATA OR LOSS
OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE
WEBSITE OR SERVICES, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
10.3. LIMITATION OF LIABILITY. IN NO EVENT WILL JAI INTERNATIONAL INC LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES EXCEED THE
LESSER OF (i) THE AMOUNT PAID TO JAI INTERNATIONAL INC. BY YOU DURING THE SIX
MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY, OR
(ii) ONE HUNDRED DOLLARS ($100).
11.1. You must indemnify and hold JAI International Inc. and its
employees, representatives, agents, affiliates, directors, officers, managers
and shareholders (the “Parties”) harmless from any damage, loss, or expense
(including without limitation, attorneys’ fees and costs) incurred in
connection with any third-party claim, demand or action (“Claim”) brought
against any of the Parties alleging that you have breached any of provision in
this Membership Agreement through any act or omission. If you have to indemnify
JAI International Inc. under this section, JAI International Inc. will have the
right to control the defense, settlement, and resolution of any Claim at your
sole expense. You may not settle or otherwise resolve any Claim without the
express written permission of JAI International Inc.
12.1. Termination. You agree that, under certain circumstances and
without prior notice, JAI International Inc. may suspend or terminate your use of
the Website or Services, including without limitation, if JAI International Inc. believes, in its sole and absolute discretion, that you have breached a term of
this Membership Agreement. You acknowledge and agree that all suspensions and
terminations shall be made in JAI International Inc. sole discretion and that JAI International Inc. shall not be liable to you or any other party for said
suspension or termination.
12.2. Survival. Upon termination, your license to use the Website,
Services, and everything accessible by or through the Website or Services shall
terminate and the remaining provisions of this Membership Agreement shall
survive indefinitely unless and until JAI International Inc. chooses to terminate
12.3. Effect of Termination. Upon termination of any part of this
Agreement for any reason, JAI International Inc. may delete or assume ownership
of any Content or other things—including without limitation URLs, domain names,
and email lists—relating to your use of the Website or Services that is on JAI International Inc. servers or otherwise in JAI International Inc. possession or
control, and JAI International Inc. will have no liability to you or any third
party for doing so.
13.1. All notices required or permitted to be given under this
Membership Agreement will be in writing and delivered to the other party by any
of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii)
electronic mail. If you give notice to JAI International Inc., you must use the
following address: 153 Wellington Dr. Bloomingdale, IL 60108. If
JAI International Inc. provides notice to you, JAI International Inc. will use the
contact information provided by you. All notices will be deemed received as
follows: (i) if by delivery by U.S. mail, seven (7) business days after
dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such
courier service, or (iii) if by electronic mail, 24 hours after the message was
sent, if no “system error” or other notice of non-delivery is generated. If
applicable law requires that a given communication be “in writing,” you agree
that email communication will satisfy this requirement.
14. Notification of Claims of Infringement
14.1. JAI International Inc. respects the intellectual property of
others, and asks users to do the same. JAI International Inc. may, in appropriate
circumstances and at its discretion, terminate service to users who infringe
the intellectual property rights of others. If you believe that your work has
been copied in a way that constitutes copyright infringement, please contact JAI International Inc. designated agent to receive notice of claimed infringement: JAI International Inc.. Provide the following information required by the Digital
Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical
signature of the person authorized to act on behalf of the owner of the copyright
interest; (ii) a description of the copyrighted work that you claim has been
infringed, including the URL (i.e., web page address) of the location where the
copyrighted work exists or a copy of the copyrighted work; (iii) identification
of the URL or other specific location on the Website where the material that
you claim is infringing is located; (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; (vi) a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner’s behalf.
15.1. This Membership Agreement will be binding upon each party hereto
and its successors and permitted assigns, and governed by and construed in
accordance with the laws of the State of Wyoming without reference to conflict
of law principles. This Membership Agreement will not be assignable or
transferable by you without JAI International Inc. prior written consent. This
Membership Agreement (including all of the policies and other Agreements
described in this Membership Agreement, which are hereby incorporated herein by
this reference) contain the entire understanding of the parties regarding its
subject matter, and supersedes all prior and contemporaneous agreements and
understandings between the parties regarding its subject matter. No failure or
delay by a party in exercising any right, power or privilege under this
Membership Agreement will operate as a waiver thereof, nor will any single or
partial exercise of any right, power or privilege preclude any other or further
exercise thereof or the exercise of any other such right, power, or privilege.
Any rights not expressly granted herein are reserved. You and JAI International Inc. are independent contractors and independent businesses, and no agency,
partnership, joint venture, or employee-employer relationship is intended or
created by this Membership Agreement. The invalidity or unenforceability of any
provision of this Membership Agreement will not affect the validity or
enforceability of any other provision of this Membership Agreement, all of which
will remain in full force and effect. If you have questions or concerns
regarding this Membership Agreement, you should contact JAI International Inc. by
emailing [email protected] and writing “Membership
Agreement” in the subject line.
concerned with how their ‘Personally identifiable information’ (PII) is being
used online. PII, as used in US privacy law and information security, is
information that can be used on its own or with other information to identify,
contact, or locate a single person, or to identify an individual in context.
collect, use, protect or otherwise handle your Personally Identifiable
Information in accordance with our website.
What personal information do we collect from the people that visit our
blog, website or app?
When ordering or registering on our site, as appropriate, you may be
asked to enter your name, email address or other details to help you with your
When do we collect
We collect information from you when you register on our site, fill
out a form or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make
a purchase, sign up for our newsletter, respond to a survey or marketing
communication, surf the website, or use certain other site features in the
• To personalize user’s experience and to allow us to deliver the type
of content and product offerings in which you are most interested.
• To improve our website in order to better serve you.
• To allow us to better service you in responding to your customer
• To administer a contest, promotion, survey or other site feature.
• To quickly process your transactions.
• To send periodic emails regarding your order or other products and
How do we protect visitor information?
We do not use vulnerability scanning and/or scanning to PCI standards.
Your personal information is contained behind secured networks and is
only accessible by a limited number of persons who have special access rights
to such systems, and are required to keep the information confidential. In
addition, all sensitive/credit information you supply is encrypted via Secure
Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order
enters, submits, or accesses their information to maintain the safety of your
All transactions are processed through a gateway provider and are not
stored or processed on our servers.
Do we use ‘cookies?’
Yes. Cookies are small files that a site or its service provider
transfers to your computer’s hard drive through your Web browser (if you allow)
that enables the site’s or service provider’s systems to recognize your browser
help us remember and process the items in your shopping cart. They are also
used to help us understand your preferences based on previous or current site
activity, which enables us to provide you with improved services. We also use
cookies to help us compile aggregate data about site traffic and site
interaction so that we can offer better site experiences and tools in the
• Help remember and process the items in the shopping cart.
• Understand and save user’s preferences for future visits.
• Keep track of advertisements.
• Compile aggregate data about site traffic and site interactions in
order to offer better site experiences and tools in the future. We may also use
trusted third party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is
being sent, or you can choose to turn off all cookies. You do this through your
browser (like Internet Explorer) settings. Each browser is a little different, so
look at your browser’s Help menu to learn the correct way to modify your
If users disable cookies in
If you disable cookies off, some features will be disabled. It will
turn off some of the features that make your site experience more efficient and
some of our services will not function properly.
However, you can still place orders
Third Party Disclosure
We do not sell, trade, or otherwise transfer
to outside parties your personally identifiable information.
Third party links
Occasionally, at our discretion, we may include or offer third party
products or services on our website. These third party sites have separate and
independent privacy policies. We therefore have no responsibility or liability
for the content and activities of these linked sites. Nonetheless, we seek to
protect the integrity of our site and welcome any feedback about these sites.
We have not enabled Google AdSense on our site but we may do so in the
We don’t need them.
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children
under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in
control. The Federal Trade Commission, the nation’s consumer protection agency,
enforces the COPPA Rule, which spells out what operators of websites and online
services must do to protect children’s privacy and safety online.
We do not specifically market to children under 13.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy
law in the United States and the concepts they include have played a
significant role in the development of data protection laws around the globe.
Understanding the Fair Information Practice Principles and how they should be
implemented is critical to comply with the various privacy laws that protect
In order to be in line with Fair Information Practices we will take
the following responsive action, should a data breach occur:
We will notify the users via
• Within 1 business day
We will notify the users via
in site notification
• Within 1 business day
We also agree to the individual redress principle, which requires that
individuals have a right to pursue legally enforceable rights against data
collectors and processors who fail to adhere to the law. This principle
requires not only that individuals have enforceable rights against data users,
but also that individuals have recourse to courts or a government agency to
investigate and/or prosecute non-compliance by data processors.
The CAN-SPAM Act is a law
that sets the rules for commercial email, establishes requirements for
commercial messages, gives recipients the right to have emails stopped from
being sent to them, and spells out tough penalties for violations.
We collect your email
address in order to:
• Send information, respond to inquiries, and/or other requests or
• Process orders and to send information and updates pertaining to
• We may also send you additional information related to your product
• Market to our mailing list or continue to send emails to our clients
after the original transaction has occurred
To be accordance with
CAN-SPAM we agree to the following:
• NOT use false, or misleading subjects or email addresses
• Identify the message as an advertisement in some reasonable way
• Include the physical address of our business or site headquarters
• Monitor third party email marketing services for compliance, if one
• Honor opt-out/unsubscribe requests quickly
• Allow users to unsubscribe by using the link at the bottom of each
If at any time you would
like to unsubscribe from receiving future emails, you can
• Follow the instructions at the bottom of each email.