Janmar Systems Terms of Use

Janmar Systems, Inc. ("Janmar") welcomes you. Janmar provides our Service (defined below) to you subject to the following Terms of Use ("TOU"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOU at any time at our web site. By using the information, services, and products available through our web site (collectively, the "Service"), you accept and agree to be bound by all terms and provisions of the TOU.

General Terms of Use

Subject to the TOU, Janmar grants you a non-exclusive, non-transferable, limited right to access, use and display the data and the materials provided by the Service.

Janmar hereby authorizes you to view and use the information ("Materials") provided by the Service only for your commercial use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under the TOU. You agree to comply with all copyright laws worldwide in your use of this Service and to prevent any unauthorized copying of the Materials. Janmar does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

This site contains intellectual property owned by Janmar. No Material from Janmar may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written permission of Janmar. Modification of the Material or use of the Material for any other purpose is a violation of Janmar's copyright and other proprietary rights.

The software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Janmar. Janmar does not transfer title to the Software to you. Janmar retains full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.

Information Provided By You

You agree that the Service may periodically collect and store your geographic location. Any personally identifiable information you may provide to Janmar via this Service is protected by the Privacy Policy associated with this Service. Janmar will not lend, sell or otherwise make available, your personal information without your permission, unless required by law, subpoenas, warrant, or court order. Janmar may disclose personally identifiable information, with or without prior notice to you, when Janmar believes that the law requires it, in response to subpoenas, warrant, court order or at the demand of governmental agencies.

Payment

  1. Fees and Charges:  You agree to pay Janmar the total charges for use of the Services, including, without limitation, service fees, administration costs incurred by Janmar if your account is past due, plus any applicable federal, provincial or regulatory taxes or surcharges, incurred in connection with the use of the Service (as all such fees may be changed from time to time). Janmar shall have the right to change the amount of fees and charges from time to time at its discretion and upon reasonable advance notice.

  2. Billing Information:  You are responsible to ensure that the billing information you provide Janmar is accurate. You agree to promptly notify Janmar of any changes in your billing information.

  3. Billing Errors:  Subject to applicable law, you must notify Janmar of any billing errors or other requests for refund within sixty (60) days of the date on which the error occurred.

  4. Refund:  Prepaid payment is non-refundable ninety (90) days after the payment was made.

Termination and Expiration

  1. Termination by You:  You may terminate your use of the Services for any reason at any time by providing Janmar with verbal or written notice of termination, in accordance with the TOU.

  2. Termination by Janmar:  We may terminate your use of the Service (i) at any time without prior notice if you fail to comply in full with the TOU, or (ii) for any other reason upon thirty (30) days notice to you. In the event Janmar terminates the Service for any reason other than your violation of the TOU, any fees and charges will accrue through the date of termination but any prepaid monthly service fees for Service not received will be refunded (less any outstanding amounts due).

Indemnification

You agree to indemnify and hold Janmar and its subsidiaries, affiliates, telecommunications providers, service providers, officers, employees, and agents harmless from any claim, liability, loss, expense, or demand, including attorneys’ fees, related to a user’s violation of the TOU or use of the Service.

You may use the Service for lawful purposes only. You are solely responsible for your conduct with respect to any use of information with the Service, including without limitation your conduct in creating, storing, transmitting, disseminating, accessing, receiving, or using any such information.

System Abuse Policy

System abuse is strictly prohibited. Janmar may terminate or modify the Service immediately if you engage in system abuse. Following is a list of actions which are defined to be system abuse. This list is non-exclusive: attempting to circumvent user authentication or security of any host, network, or account on Janmar or the Internet at large; attempting, in any way, to interfere with or deny service to any user of Janmar servers, or any host on the Internet; attempting to reverse engineer, de-compile, or disassemble any of Janmar's software; any other activity that Janmar in its sole discretion determines is unethical or damaging to our other customers, users of the internet, or Janmar's network.

Janmar reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service, at any time, including, without limitation, for overuse or abuse of the Service, without prior notice or liability.

Disclaimer of Warranties

The Service is provided by Janmar on an "as is" and "as available" basis. Neither Janmar nor its partners, providers, or affiliates make any representations or warranties of any kind, express or implied, as to the operation of the service, its contents, or any information made available by or through the Service. Janmar disclaims all warranties, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or any infringement. Furthermore, Janmar does not warrant that use of the Service will be uninterrupted, available at any time or from any location, secured, and error-free. Janmar does work toward accuracy of the data provided; nevertheless, some information may not be accurate. The burden of determining the accuracy, timeliness, completeness or appropriateness of use rests solely on you.

Limitation of Liability

IN NO EVENT WILL JANMAR, ITS SUPPLIERS, ITS SERVICE PROVIDERS, OR OTHER THIRD PARTY AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO: DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICE; ANY WEB SITES LINKED TO THE SERVICE, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES; CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION THOSE DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION; AGGREGATE LIABILITY OF JANMAR OR ANY OF ITS SUPPLIERS, SERVICE PROVIDERS, OR THIRD PARTY AFFILIATES. IN NO EVENT SHALL JANMAR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, AND EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM THE USE OR PERFORMANCE OF THE SERVICE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THE SERVICE, EVEN IF JANMAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SERVICE.