Terms of Use
These Terms of Use (“Terms of Use”) set forth the terms and conditions that apply to your use of all areas of www.jinglenetworks.com and www.free411.com (the “Web Site”). By accessing or using the Web Site, you agree to comply with all of the Terms of Use. The right to use the Web Site is personal to you and is not transferable to any other person or entity.
1. Intellectual Property
Copyright. All content included on the Web Site, such as text, graphics, photographs, logos, icons, audio and video clips, and the compilation (information architecture and layout) of all content, etc. (“Content”) is the property of Jingle Networks, Inc. and its providers and is protected by U.S. and international copyright laws. You may view or use the Content only for personal, non-commercial purposes and may not otherwise reproduce, duplicate, copy, sell, resell, distribute, perform, display or otherwise appropriate any of the Content without the written permission from Jingle Networks, Inc. or the relevant provider. You agree not to change or delete any proprietary notices from any materials downloaded from the Web Site.
Trademarks. Jingle Networks, Inc. and other trademarks (including logos and designs) found on the Web Site are trademarks of Jingle Networks, Inc. and its providers. Such marks may not be used under any circumstances without the prior written authorization of Jingle Networks, Inc. or the relevant provider, except as an integral part of any authorized copy of the Content.
2. Links to Third-Party Web Sites
Jingle Networks, Inc. may provide hyperlinks to third-party web sites on its Web Site. Jingle Networks, Inc. does not control third-party web sites and is not responsible for the contents of any linked-to, third-party Web sites or any hyperlink in a linked-to Web site. Jingle Networks, Inc. does not endorse, recommend or approve any third-party web site hyperlinked from the Web Site. Jingle Networks, Inc. will have no liability to any entity for the content or use of the content available through such hyperlink.
3. Privacy Policy
Use of our Web Site is also subject to our Privacy Policy which we encourage you to review.
4. Registration
If you choose to register with us on our Web Site, you will have to select a password and a log in (your email address). You may also need to provide us with certain other information, all of which must be accurate, true and complete and must be kept current at all times. You will be responsible for correctly setting up and maintaining your user account with us and maintaining the password to your account confidential. You will immediately notify us of any unauthorized access or use of your account. You may not (i) select or use a member log in of another person with the intent of impersonating that person; (ii) use a member log in to which another person has rights without such person’s authorization; or (iii) use a member log in that we in our discretion deem offensive. Any failure to comply with the foregoing, or if we have grounds to suspect your failure to comply with any of the foregoing, may result in immediate suspension or termination of your account.
5. Disclaimer; No Representations or Warranties; Limitations on Liability
We strive to provide complete, accurate, up-to-date information on our Web Site. Unfortunately, it is not possible to ensure that any web site is completely free of errors. The Web Site may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Jingle Networks, Inc. disclaims any and all responsibility or liability for (i) the accuracy, content, completeness, legality, reliability, or availability of information or material displayed on the Web Site and (ii) deletion, failure to store, or untimely delivery of any information or material.
THE WEB SITE AND ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED OR LINKED ON THIS WEBSITE ARE PROVIDED STRICTLY ON “AS IS” BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO OPERATION OF THE WEB SITE, OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED OR LINKED ON THIS WEB SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, JINGLE NETWORKS, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL JINGLES NETWORK, INC. OR ITS PROVIDERS BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF THE WEBSITE, OR USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, ON THE WEB SITE.
6. Indemnification
You agree to indemnify, defend and hold harmless Jingle Networks, Inc., its affiliates, subsidiaries, members, managers, officers, employees, partners, agents, licensors, providers, and the assigns of same, from and against any and all allegations, claims, suits, losses, costs, damages and expenses (including reasonable attorneys’ fees and expenses) arising out of (i) your use of the Web Site, (ii) your breach of the Terms of Use, or (iii) your violation of any law or any rights of a third party.
7. Governing Law and Jurisdiction
Subject to Section 8 below, these Terms of Use will be interpreted and enforced in accordance with the laws of the State of New York. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.
8. Mandatory Arbitration to Resolve Disputes
PLEASE READ THIS CAREFULLY. THIS MEANS THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WILL ARBITRATE OUR DISPUTES ARISING FROM OR RELATING TO THIS AGREEMENT OR THE PROVISION OF PRODUCTS OR SERVICES BY US TO YOU. ALL CLAIMS SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). BEFORE INSTITUTING ARBITRATION, YOU AGREE TO PROVIDE US WITH AN OPPORTUNITY TO RESOLVE YOUR CLAIM BY SENDING A WRITTEN DESCRIPTION OF YOUR CLAIM TO US AT JINGLE NETWORKS, INC., 36 CROSBY DRIVE, BEDFORD, MA 01730 AND NEGOTIATING WITH US IN GOOD FAITH REGARDING YOUR CLAIM. IF WE ARE NOT ABLE TO RESOLVE YOUR CLAIM WITHIN 30 DAYS OF RECEIPT OF YOUR NOTICE, THEN YOU OR WE, INSTEAD OF SUING IN COURT, MAY INITIATE ARBITRATION PROCEEDINGS WITH THE AAA. ARBITRATION WILL BE CONDUCTED UNDER THE AAA’S RULES AND PROCEDURES, WHICH ARE AVAILABLE AT WWW.ADR.ORG. YOU AND WE AGREE TO PAY OUR OWN FEES, COSTS, AND EXPENSES, INCLUDING THOSE FOR ANY ATTORNEYS, EXPERTS AND WITNESSES. YOU AND WE ACKNOWLEDGE THAT THE TERMS OF USE AFFECT INTERSTATE COMMERCE AND THAT THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO ARBITRATIONS UNDER THE TERMS OF USE. ANY AWARD OF THE ARBITRATOR(S) SHALL BE FINAL AND BINDING ON EACH OF THE PARTIES, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
9. Class Action Waiver/Jury Trial Waiver
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. YOU AND WE WAIVE ANY RIGHT TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN YOU AND US.
10. Changes to the Terms of Use
Jingle Networks, Inc. reserves the right to change these Terms of Use at any time without notice by posting new or modified Terms of Use on our Web Site. Any use by you of the Web Site after such new or modified Terms of Use are posted represents your acceptance of such changes.
11. Contact Information
If you have questions or comments regarding our Terms of Use, please contact us at http://www.free411.com/about/contactform or by U.S. Mail to Jingle Networks, Inc., Attn: Website Administrator, 149 Commonwealth Drive, Suite 2060, Menlo Park, CA 94025.
