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Terms of Service

ACCEPTANCE OF TERMS

jInbound and its related goods and services are offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the jInbound.com site, including placing orders to purchase products and/or services from jInbound, as available, constitutes your agreement to all such terms, conditions, and notices. Your use of a particular section of the jInbound.com site may also be subject to additional terms as set forth in such section (“Additional Terms”).

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular section of the jInbound.com site, or with any terms included with any product or service purchased from jInbound, then these terms shall control.

SITE LICENSE AND ACCESS

jInbound grants you a limited license to access and make personal use of this site (jInbound.com) and not to download or modify it, or any portion of it, except with the express written consent of jInbound. This license does not include any derivative use of this site or its contents or any use of data mining, robots, or similar data gathering and extraction tools.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of jInbound and/or its affiliates without express written consent of jInbound. You may not use any meta-tags or any other “hidden text” utilizing jInbound's name or trademarks without the express written consent of jInbound. Any unauthorized use terminates the permission or license granted by jInbound.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the jInbound.com site, you will not use the jInbound’s materials and website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the jInbound.com site in any manner that could damage, disable, overburden, or impair the jInbound.com site, (or the network(s) connected to the jInbound.com site) or interfere with any other party’s use and enjoyment of the jInbound.com site. You may not attempt to gain unauthorized access to the jInbound.com site, other accounts, computer systems or networks connected to the jInbound.com site through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the jInbound.com site.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the jInbound.com site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the jInbound or its site.

MODIFICATION OF THESE TERMS OF USE

jInbound reserves the right to change the terms, conditions, and notices concerning use of the jInbound.com site without notice. You are responsible for regularly reviewing these terms and conditions and Additional Terms posted on other sections of the jInbound.com site. Your continued use of the jInbound.com site constitutes your agreement to all such terms, conditions, and notices.

TERMINATION/ACCESS RESTRICTION

jInbound reserves the right, in its sole discretion, to terminate or limit your access to any or all off the jInbound.com site, or any portion thereof at any time, without notice.

You must be at least 18 years of age to transact any business with jInbound or to submit any Personal Information to jInbound. As such, if you transact or attempt to transact any business with jInbound or submit or attempt to submit any Personal Information to jInbound, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF LEGAL MAJORITY IN THE JURISDICTION IN WHICH YOU ARE LOCATED, IF DIFFERENT) AND THAT YOU POSSESS THE LEGAL RIGHT TO USE THE jInbound.com site IN ACCORDANCE WITH THE STATED TERMS AND USAGE POLICIES. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or account(s) to access the jInbound.com site.

MATERIALS PROVIDED TO jInbound

If you submit any feedback, suggestions, posts, support tickets or other communications (each a “Submission” and collectively “Submissions”) to the jInbound.com site, or to jInbound, you are granting jInbound, its affiliated companies and its designees and sub licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. jInbound is under no obligation to post or use any Submission you may provide and jInbound may remove any Submission at any time in its sole discretion.

TRADEMARKS

All trademarks and trade dress that appear on the jInbound.com site, (“Trademarks”) are trademarks/trade dress or registered trademarks/trade dress of jInbound (unless indicated otherwise) or its subsidiaries or parent companies, in the United States and other countries.

The Trademarks are valuable assets of jInbound and carry considerable goodwill and consumer acceptance of the goods and services sold under the Trademarks. Such goodwill has made the Trademarks distinctive to jInbound and, as such, may only be used by jInbound or other authorized persons or entities for the benefit of jInbound and only in connection with the products and services authorized by jInbound. Any unauthorized use of the Trademarks and/or any use of a mark or symbol that is likely to cause confusion among consumers or in any manner that disparages or discredits jInbound, its affiliates, subsidiaries or parent companies is strictly prohibited.

You may not use any of the Trademarks in any manner without the prior written consent of jInbound. Any unauthorized use is expressly prohibited by law and violators will be prosecuted to the maximum extent possible according to applicable law, without notice.

COPYRIGHT

All content that is made available to view and/or download or purchase in connection with the jInbound.com site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, texts (“Content”) and software, is owned by and is the copyrighted work of jInbound and/or its suppliers and is protected by United States copyright laws and international treaty provisions. The compilation of all content on the jInbound.com site, is the exclusive property of jInbound and is protected by United States copyright laws and international treaty provisions. All Software used on this site is the property of jInbound and/or its software suppliers and is protected by United States copyright laws and international treaty provisions.

Any reproduction or redistribution of the Content is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider’s Designated Agent.

Send notifications to:

THE FERNANDES LAW FIRM
500 W. Silver Spring Dr.
Suite K-200
Milwaukee WI
USA 53217

MEMBER ACCOUNT, PASSWORD, AND SECURITY

Certain customers and partners of jInbound may receive a password from jInbound to access certain information on the jInbound.com site. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify jInbound immediately of any unauthorized use of your account or any other breach of security. jInbound will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by jInbound or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder and jInbound.

LINKS TO THIRD PARTY SITES

jInbound.com site, may contain links to third party websites (“Linked Sites”). The Linked Sites are not under the control of jInbound and jInbound is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. jInbound is not responsible for webcasting or any other form of transmission received from any Linked Site nor is jInbound responsible if the Linked Site is not working appropriately. jInbound is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by jInbound of the site or any association with its operators. You are responsible for viewing, being aware of and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings by you with third parties (including advertisers) included within the jInbound.com site, or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. jInbound shall not be responsible or liable for any part of any such dealings or promotions.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE jInbound.com SITE, MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE jInbound.com SITE AND MATERIALS, AND TO THE INFORMATION THEREIN. jInbound AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE jInbound.com SITE OR MATERIALS, AT ANY TIME.

jInbound AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS CONTAINED WITHIN THE jInbound.com SITE, FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. jInbound AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT jInbound SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE jInbound.com SITE. YOU SPECIFICALLY AGREE THAT jInbound IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT jInbound IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE jInbound.com SITE, BY ANY THIRD PARTY.

 

INDEMNIFICATION

You agree to indemnify and hold jInbound, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of the jInbound.com site, and/or any information (text or graphical), software, Products or Services obtained through the jInbound.com site, and/or from jInbound.

APPLICABLE LAW

All disputes against jInbound, including but not limited to disputes as to this Terms of Use; the site license; the Products, the Services, site access restriction and/or termination; jInbound's trademarks, copyrights, patents, trade secrets, trade dress and other intellectual property disputes; member accounts; privacy; and disclaimer of warranties shall be governed by the laws of the State of Wisconsin, U.S.A. and shall be submitted to a state or federal court in the State of Wisconsin, and you irrevocably consent to exclusive jurisdiction and venue in such courts. Use of the jInbound.com site, is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Applicable Law section.

SEVERABILITY

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

LANGUAGE

It is the express will of the parties that this agreement and all related documents have been drawn up in English.

ENTIRE AGREEMENT

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and jInbound with respect to the jInbound.com site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and jInbound with respect to the jInbound.com site.

ELECTRONIC RECORDS AND COMMUNICATIONS

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

GENERAL TERMS AND CONDITIONS OF SALES

All goods and services (“Products”) supplied by jInbound are supplied to the Customer on these terms and conditions.

No order shall be binding on jInbound until accepted by jInbound. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by jInbound of an order from the Customer. jInbound reserves the right to accept any order in whole or in part. Where jInbound makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by jInbound.

All credit orders (if any) are accepted by jInbound subject to satisfactory credit approval of the Customer, which may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all Products supplied is required before delivery. Where credit has been granted, payment for the Products is to be made on or before 30 days from the date of invoice. Payment must be made in full without set off or deduction. jInbound will investigate any disputed amounts, and if resolved in favor of the Customer, a credit will be issued to the Customer.

All orders for free accounts or trial periods may be cancelled by jInbound at anytime and without notice, or after 30 days at the discretion of jInbound.

Ownership of the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to jInbound. Risk of loss in the Products will pass on delivery to the Customer.

REFUNDS

The Customer may request a refund provided that the customer does so within 30 days of their initial monthly payment. After 30 days, the Customer may cancel their account with immediate effect using the Cancel button in the My Account area. Requests to terminate services may also be made at any time using the Contact form. These requests may take up to 5 days to process. When a cancellation request has been made after the 30-day refund period, refunds will not be issued: service will continue as normal until the renewal date, though additional renewals will not be processed. 

USE OF PRODUCT

The Customer agrees that it is the Customer’s responsibility to use any Products in accordance with jInbound's applicable guidelines described herein. You are authorized to make any necessary modification(s) to the products to fit your purposes. Redistribution of the product or any modified version must always be done in accordance with the GNU GPL license. In this case, you must also not change or remove the copyright information in the header of the XML descriptor file or the php file.