Terms and Conditions
AGREEMENT TO BE BOUND
These Terms of Service constitute a contract between you and JODA Enterprises, LLC (hereafter “JODA”,”we”, “us” or “our”).
WEBSITE AND MOBILE APPLICATION TERMS, CONDITIONS AND RESTRICTIONS OF USE
Unless otherwise noted, the Software and all portions thereof, are protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by JODA or by third parties that have licensed their use to JODA. Provided that you accept and abide by these Terms of Service, JODA grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Software. You may view and use the Software and its content only for your personal information and for the intended personal use of the Software. JODA does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the content on or transmitted through the Software.
YOU MAY NOT REVERSE ENGINEER, DECOMPILE, OR DISASSEMBLE THE SOFTWARE.
This Limited License is not a transfer of title, and all right, title and interest in the Software and all of its content shall at all times remain with JODA or its third party Licensor.
CONTENT AND USER INFORMATION
The Software is not intended for use by any natural person under thirteen years of age and no license to use the site or any app is granted to such persons. We do not knowingly collect and will not knowingly maintain personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child under 13 has provided us with personal information without their consent, he or she should contact us at firstname.lastname@example.org. If we become aware that a child under 13 has provided us with personal information, we will take steps to delete such information from our files.
Submission of Content
- grant to us, without further agreement or compensation, an unrestricted, nonexclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks and other intellectual property rights to use, reproduce, display, print, copy, modify, transmit, create derivative works based upon and distribute such User Submitted Content in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity;
- agree that we are free to use such User Submitted Content, including any ideas, concepts, know-how or techniques, in order to provide the services of the Software;
- agree to indemnify and hold us and each of our employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content; and
- represent and warrant that your User Generated Content conforms to these terms and that that you are authorized to submit such material and that such submission does not violate the rights of any third party, in any way, including but not limited to intellectual property rights, the right of publicity or rights under any agreement of non-disclosure or confidentiality, and that you possess the necessary rights and permissions required to grant the foregoing rights, permissions and license;
You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us, our licensees or licensors.
No user shall attempt to interfere with the operation of the Software in any way, including but not limited to, by the knowing or reckless submission of content, information or other data likely to introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Software or any portion thereof or connected component or server, or interfere with any person or entity’s use or enjoyment of this Software.
You should not submit sensitive information such as social security numbers, personal health information or other information reasonably understood to be of a sensitive nature through the Software except for the purposes of and to the extent necessary to complete transactions through the Software. JODA shall not be responsible for any loss or damage of any kind resulting from the transmission of such sensitive information.
Links to Third Party Sites
Our Right to Refuse or Cancel
We reserve the right to refuse any order for whatever reason. We also reserve the right to cancel any purchase (an order already accepted by us) in (amongst others) the following situations, without liability for any damage or costs:
- your billing information is not correct or not verifiable;
- your order is flagged as an unusual order or an order susceptible to fraud;
- we have reason to believe you are under 13;
- we have reason to believe that your use of the Software is commercial in nature;
- we have reason to believe that your order may infringe or cause infringement of the intellectual property rights of another party; * there was an error in the stated price.
Custom Nature of Orders Due to the custom nature of orders placed through the Software, orders cannot be canceled once placed through the Software. No refunds will be provided in the event that you place an order through the Software and subsequently attempt to cancel such order, regardless of your method of notification or attempted notification to us of your desire to cancel your order.
The immediately foregoing subsection notwithstanding, you are, however, entitled to return a product in the event it is defective in its manufacture or otherwise not initially manufactured in conformity with your order. We reserve the right to inspect returned items and to accept or refuse such return based on a determination, in our sole discretion, whether the returned product conforms to your order. We shall have no obligation to refund any amount paid for returned items that conform to the original order.
While we make every effort to ensure the accuracy of the Software and the information on it, it is possible that the pricing information on our Software contains errors. We are not bound by our offer and we reserve the right to cancel your purchase in the event of such error.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
JODA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SOFTWARE OR ITS CONTENT. JODA EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, ITS CONTENT AND ANY SERVICES PROVIDED BY THE SOFTWARE. JODA DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SOFTWARE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR ERROR-FREE. JODA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SOFTWARE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
IN NO EVENT WILL JODA OR ITS DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF:
- THE USE OF OR INABILITY TO USE THE SOFTWARE OR ITS CONTENT,
- ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SOFTWARE;
- ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SOFTWARE OR THE CONTENT;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR
- ANY OTHER MATTER RELATING TO THE SOFTWARE, THE SERVICE, OR THE CONTENT, EVEN IF JODA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The materials on or in the Software, including but not limited to text and graphics (“Content”), as well as the color selections, organization and layout of this Software (“Look and Feel”), are copyrighted and are protected by United States and international copyright laws and treaty provisions, and at common law. No right, title or interest in any of the Content, Look and Feel, or any other material contained on this Software is transferred to you as a result of accessing, downloading or printing such materials. Unless otherwise specified, you may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from or frame in another website, use on any other website, transfer or sell any information obtained from this Software, without express written permission from JODA.
Trademark Trademarks used in the Software, whether registered or unregistered, are the property of JODA or its licensors and may not be copied, reproduced or used in any other way without the prior, express, written consent of JODA. Any use of a JODA trademark in a link to a JODA website or app must include the registered trademark symbol or the “TM” designation, as appropriate in each case.
Claims of Copyright Infringement
JODA respects the intellectual property rights of others. If you believe that the content presented on the Software is used in a way that constitutes copyright infringement or other violation of your intellectual property rights, please provide the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on or in the Software, including the specific website URL, if applicable;
- Your address, telephone number, facsimile number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
- A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
The JODA agent for notice of claims of copyright or other intellectual property infringement can be reached at the following address:
PO Box 1005 Easton, PA. 18042
Choice of Forum
You agree that any action at law or in equity arising out of or relating to these Terms, or the Services, that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the Commonwealth of Pennsylvania, Lehigh County, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
Choice of Law
These terms are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania and the laws of the United States, without giving effect to any conflict of law principles.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by JODA or any representative of JODA of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.