Terms of Use

Upon notice published through the Web site or otherwise, Jennings Technology may modify this Agreement at any time. You agree and continue to agree to use the Web site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out below.

General Terms

By using the Web site, you agree to be legally bound and to abide by the Terms of Use, just as if you had signed this Agreement. If you do not comply and/or continue to comply with the Terms of Use, Jennings Technology may terminate your right to access the Web site.

Jennings Technology may discontinue or alter any aspect of the Web site, including, but not limited to, (i) restricting the availability and/or scope of the Web site for certain platforms and operating systems, (ii) restricting the times the Web site is available, (iii) restricting the amount of use permitted, and (iv) restricting or terminating any User's right to use the Web site, at Jennings Technology's sole discretion and without prior notice or liability.

You acknowledge that the Web site contains information, software, photos, video, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.

All Content is copyrighted as a collective work under the U.S. copyright laws, and Jennings Technology owns a copyright in the selection, coordination, arrangement and enhancement of such Content.

You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part.

You may not upload, post, reproduce or distribute Content protected by copyright, or other proprietary right, without obtaining permission of the copyright owner. Jennings Technology and the Jennings Technology logo are trademarks of Jennings Technology, Inc. All other trademarks appearing on the Web site are trademarks of their respective owners.

Jennings Technology claims no responsibility for the accuracy, content, or availability of information accessed or linked to through use of its Web site. Jennings Technology encourages it's users to determine and abide by the restrictions the authors and providers of linked-to Web sites have placed upon use of the information contained in those Web sites. You will not engage in any conduct that in the discretion of Jennings Technology restricts or inhibits any other person from using or enjoying the Web site. You agree to use the Web site only for lawful purposes.

You are prohibited from posting on or transmitting through the Web site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. Jennings Technology may elect to electronically monitor the Web site for adherence to the Terms of Use and may disclose any Content, records or electronic communication of any kind (i) to satisfy any law, regulation or authorized governmental request, (ii) if such disclosure is necessary to operate the Web site, or (iii) to protect the rights or property of Jennings Technology or its partners. Jennings Technology reserves the right to prohibit conduct, communication or Content which it deems in its discretion to be harmful to individual users or other third-party rights, or to violate any applicable law.

Disclaimer of Warranty and Limitation of Liability

The Web site is provided "as is," without warranty of any kind, either express or implied, including without limitation any warranty for information, services, uninterrupted access, or products provided through or in connection with the Web site, including without limitation any Jennings Technology software licensed to you and the results obtained through the Web site.

Specifically, Jennings Technology disclaims any and all warranties, including without limitation: 1) any warranties concerning the availability, accuracy or content of information, products or services; and 2) any warranties of title or warranties of merchantability or fitness for a particular purpose. You agree that use of the Web site is entirely at your own risk. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

You specifically acknowledge that Jennings Technology is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Neither Jennings Technology nor any of its partners, agents, affiliates or content providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the Web site or inability to gain access to or use the Web site or out of any breach of any warranty. You hereby acknowledge that the provisions of this section shall apply to all content on the Web site. You agree to indemnify and hold Jennings Technology, its partners, agents, affiliates and content partners harmless from any dispute which may arise from a breach of terms of this agreement. You agree to hold Jennings Technology harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to customer's violation of this agreement, including the terms of use or any content placed on the Web site by you.

Miscellaneous

This Agreement shall be construed and controlled by the laws of the State of California. Further, any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of the State of Massachusetts. Customer agrees to personal jurisdiction by the state and federal courts sitting in the State of Massachusetts.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between Jennings Technology representatives and you. Jennings Technology may amend or modify this Agreement or impose new conditions at any time upon notice from Jennings Technology to Customer as published through the Web site. Any use of the Web site by you after such notice shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions.



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