Terms & Conditions
These Terms and Conditions ("Terms") govern your access to and use of Jackrabbit Technology Solutions, LLC (JTS) services and related websites located at www.jackrabbittek.com (the "Services"), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). “You”, “Your” or “Subscriber” means the individual or business who uses the Service. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
Basic Terms
You are responsible for your use of the Services, for any Content you post to the
Services, and for any consequences thereof. The Services that JTS provides
are always evolving and the form and nature of the Services that Moneycalculator.org provides
may change from time to time without prior notice to you. In addition, JTS may
stop (temporarily) providing the Services (or any features within the Services) to you or to
users generally and may not be able to provide you with prior notice. We also retain the right
to create limits on use and storage at our sole discretion at any time without prior notice
to you with the limitation of those sold as part of a product or service specifically.
The Services may include advertisements, which may be targeted to the Content or
information on the Services, queries made through the Services, or other information.
The types and extent of advertising by Moneycalculator.org on the Services are subject to change.
In consideration for JTS granting you access to and use of the Services, you agree
that JTS and its third party providers and partners may place such advertising
on the Services or in connection with the display of Content or information from
the Services whether submitted by you or others.
Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or
refuse to distribute any Content on the Services. Please review the Rules (which
are part of these Terms) to better understand what is prohibited on the Service.
We also reserve the right to access, read, preserve, and disclose any information
as we reasonably believe is necessary to, (i) satisfy any applicable law, regulation,
legal process or governmental request; (ii) enforce the Terms, including investigation
of potential violations hereof; (iii) detect, prevent, or otherwise address fraud,
security or technical issues; (iv) respond to user support requests; or (v) protect
the rights, property, or safety of JTS, its users, and the public.
JTS does not disclose personally identifying information to third parties except
in accordance with our Privacy Policy or in accordance with the features of the
product or services you have purchased.
You may not do any of the following while accessing or using the Services: (i) access,
tamper with, or use non-public areas of the Services, JTS’s computer systems, or
the technical delivery systems of JTS’s providers; (ii) probe, scan, or test the
vulnerability of any system or network, or breach or circumvent any security or
authentication measures; (iii) access or search or attempt to access or search the
Services by any means (automated or otherwise) other than through our currently
available, published interfaces that are provided by JTS (and only pursuant to
these Terms), unless you have been specifically allowed to do so in a separate agreement
with JTS; (iv) forge any TCP/IP packet header or any part of the header information
in any email or posting, or in any way use the Services to send altered, deceptive,
or false source-identifying information; (v) interfere with, or disrupt, (or attempt
to do so), the access of any user, host or network, including, without limitation,
sending a virus, overloading, flooding, spamming, mail-bombing the Services, or
by scripting the creation of Content in such a manner as to interfere with or create
an undue burden on the Services; (vi) make derivative works of the Company’s software
or data products including but not limited to translations, adaptations, arrangements
or any other alteration (each of which would become the property of JTS or its
third party licensors, as applicable); (vii) sell, rent, lease or lend access to
the Service; (viii) allow another person or entity to use your individual user ID
and password; (vx) enter into any reseller, distribution, or third party arrangements
for distribution of the information generated by the Service, without the prior
written consent of JTS; (x) facilitate the submission of reviews that are not from
actual and valid patients, customers, or vendors; (xi) use the Service to create
false or misleading statements; or (xii) manipulate survey or review results.
The Services are Available "AS-IS"
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, JTS AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. JTS will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that JTS has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications SUBMITTED TO OR maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from JTS or through the Services, will create any warranty not expressly made herein.
Links
The Services may contain links to third party Web sites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such Web sites or resources. Links to such Web sites or resources do not imply any endorsement by JTS of such Web sites or resources or the content, products, or services available from such Web sites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such Web sites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JTS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT JTS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Waiver and Severability
The failure of JTS to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
The laws of the State of Arizona without regard to or application of its conflict of law provisions or your state or country of residence will govern these Terms of Service and any action related thereto. All claims, legal proceedings, or litigation arising in connection with the Services will be brought solely in Maricopa County, Arizona, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Arizona (excluding its choice of law provisions).
Entire Agreement
These Terms of Service, the Privacy Policy and any applicable JTS Rules are the
entire and exclusive agreement between JTS and you regarding the Services (excluding
any services for which you have a separate agreement with JTS that is explicitly
in addition or in place of these Terms), and these Terms supersede and replace any
prior agreements between JTS and you regarding the Services. We may revise these
Terms of Service from time to time; the most current version will always be at JTS.
These Services are operated and provided by JTS. If you have any questions about
these Terms of Service, please contact us info@jackrabbittek.com>.
Effective: October 2019
Copyright Policy
JTS respects the intellectual property rights of others and expects users of the
Services to do the same. We will respond to notices of alleged copyright infringement
that comply with applicable law and are properly provided to us. If you believe
that your Content has been copied in a way that constitutes copyright infringement,
please provide us with the following information: (i) a physical or electronic signature
of the copyright owner or a person authorized to act on their behalf; (ii) identification
of the copyrighted work claimed to have been infringed; (iii) identification of
the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit us to locate the material; (iv) your contact information,
including your address, telephone number, and an email address; (v) a statement
by you that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and, under
penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice
and at our sole discretion. Our designated copyright agent for notice of alleged copyright
infringement appearing on the Servicess:
jackrabbittek.com
Attn: Terms & Conditions Administrator
Email: info@jackrabbittek.com
ACCEPTANCE OF TERMS AND CONDITIONS
PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS FOR THIS WEBSITE.
Jackrabbit Technology Solutions, LLC (“JTS”) operates and hosts the website used for conducting
surveys (the “Site”) on servers in the United States of America. JTS operates the
Site in conjunction with the JTS program. JTS collects customer feedback and contact
information from customers and transmits this information to the appropriate JTS
Subscribers for the purpose of improving the overall customer experience and service
levels.
BY ACCESSING, BROWSING, AND/OR USING THE PAGES OR SERVICES POSTED ON THIS SITE,
YOU AGREE TO THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”). YOU CONSENT TO
RECEIVE REQUIRED NOTICES (IF ANY) AND YOU ATTEST THAT YOU ARE AT LEAST EIGHTEEN
(18) YEARS OF AGE. THESE TERMS AND CONDITIONS CONTAIN DISCLAIMERS AND OTHER PROVISIONS
THAT LIMIT JTS. YOU WARRANT THAT YOU WILL NOT USE THE SITE FOR ANY
PURPOSE THAT IS UNLAWFUL. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
PLEASE DO NOT ACCESS, BROWSE, OR USE THIS SITE.
JTS may change these Terms and Conditions at any time in their sole discretion.
The modified Terms and Conditions will be effective immediately upon posting and,
by continuing to use the Site, you agree to the new posted Terms and Conditions.
You are responsible for staying informed of any changes. If you do not agree to
the new posted Terms and Conditions, your only remedy is to discontinue use of the
Site. While JTS makes reasonable efforts to provide accurate and timely information,
you should not assume that the information provided is always up to date or that
the Site contains all the relevant information available.
MINORS
This Site is not for children under the age of eighteen (18). The Site is directed to adults at least eighteen (18) years of age and neither JTS or its subsidiaries knowingly collect personal information from anyone under the age of eighteen (18) through the Site.
COPYRIGHTS AND TRADEMARKS.
Unless otherwise noted, all materials on the Site are protected as the copyrights,
trade dress, trademarks and/or other intellectual properties owned or used by JTS
and JTS Subscribers and/or their affiliates or by other parties that have licensed
their material to JTS and JTS Subscribers.
All rights not expressly granted are reserved.
ACCEPTABLE PERSONAL USE AND PRIVACY POLICY
Your use of the materials included on the Site is for informational, feedback, coupon
redemption, and/or catering order purposes only. You agree you will not distribute,
publish, transmit, modify, display or create derivative works from, or exploit the
contents of, the Site in any way.
PLEASE CAREFULLY READ THE PRIVACY POLICY. EXCEPT WHERE OTHER NOTICES OR CONSENTS
ARE REQUIRED BY LAW, BY ACCESSING, BROWSING, AND/OR USING THE PAGES OR SERVICES
POSTED ON THIS SITE, YOU AGREE TO THE PRIVACY POLICY AND TO THE USE OF SUCH PERSONAL
INFORMATION AND ANY SUBMISSIONS IN ACCORDANCE WITH THE PRIVACY POLICY.
You agree not use the Site for any purpose that is unlawful or prohibited by these
Terms and Conditions, or to cause damage on or through use of the Site. You agree
that none of your communications with or through the Site will violate any local,
state, United States or Canadian law. You agree that none of your communications
with or through the Site will infringe upon the rights of any third party or contain
defamatory, libelous, abusive or obscene material.
The materials published on the Site may not be copied or distributed, republished,
uploaded, posted or transmitted in any way, except as otherwise permitted by JTS.
All of the materials available on the Site are proprietary and the subject of copyright,
author’s rights or other rights and nothing herein shall be construed as conferring
in any manner, whether by implication, estoppel or otherwise, any title or ownership
of, or exclusive use-rights to, any intellectual property or other right and any
goodwill associated therewith. You acknowledge that the unauthorized use of the
contents could cause irreparable harm to JTS and that in the
event of an unauthorized use, JTS shall be entitled to
obtain an injunction in addition to any other remedies available at law or in equity.
FEEDBACK AND SUBMISSIONS
Your submissions, feedback and comments (“Submissions”) are entirely voluntary,
non-confidential, and gratuitous. You agree you are, and shall remain, solely responsible
for the contents of any Submissions you make, and you will not submit material that
is unlawful, defamatory, abusive or obscene. You agree that you will not submit
anything to the Site that will violate any right of any third party, including copyright,
trademark, privacy or other personal or proprietary rights.
JTS and it's subsidiaries appreciate your interest, however, JTS does not want, and cannot accept, any ideas you consider to be proprietary regarding
designs, product technology or other suggestions you may have developed. Therefore,
you grant to JTS, and their designees a perpetual, irrevocable, non-exclusive,
fully-paid, royalty-free license to use any ideas, expression of ideas or Submissions
without restrictions of any kind and without any payment or other consideration
of any kind, or permission or notification, to you or any third party. This license
shall include, without limitation, the irrevocable right to reproduce, prepare derivative
works, combine with other works, alter, translate, distribute copies, display, perform,
and/or license the Submission, and all rights therein, in the name of JTS or their
designees throughout the world in perpetuity, in all media now or hereafter known
or created. In addition, you warrant that any and all “moral rights” pertaining
to any copyrighted materials have been waived.
RESTRICTIONS ON USE
Any and all material from the Site may not be copied, distributed, modified, republished,
reused, uploaded, reposted, transmitted, or otherwise used outside the scope of
normal browsing without prior written consent of JTS. Any
proprietary information remains the sole property of JTS.
The material in the Site is provided for lawful purposes only and any other use
or modification of the materials found on the Site violates the intellectual property
rights of JTS. JTS retains full and complete title and intellectual
property rights to all materials. You may not reproduce, sell, repost, modify, or
convert any materials on the Site in any manner inconsistent with these Terms and
Conditions.
You agree the following kinds of conduct are illegal and/or prohibited on the Site.
Prohibited activities include, but are not limited to, the following: (a) using
the Site for any purpose intentionally or unintentionally, in violation of any applicable,
local, state, federal, national, or international laws and/or regulations; (b) posting
or transmitting through the Site any information, data, text, files, links, software
or other materials that JTS considers to be unlawful, obscene, defamatory, pornographic,
threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other
person or entity or that constitutes cyber-harassment or cyber stalking as determined
by JTS in their sole discretion; (c) posting content that infringes the intellectual
property rights, privacy rights, publicity rights, trade secret rights, or any other
rights of any party; (d) posting URLs to external websites or any form of HTML or
transmitting executable programming of any kind, including viruses, spyware, Trojan
horses or similar programs; (e) posting or transmitting anything that may be spam,
direct marketing communications or any unsolicited advertising, promotional or commercial
content; (f) impersonating another person when using the Site, posting any content
or personal information or attempting to conceal or misrepresent the identity of
the person making the Submission or the origin of any Submission or allowing any
other person or entity to use your identification for posting, viewing comments
or using the Site; (g) harvesting or otherwise collecting information about others,
including e-mail addresses; and (h) encouraging other people to engage in any prohibited
activities as described herein. JTS reserves the right to investigate and take
appropriate legal action against anyone who, in JTS’s discretion, engages in any
of the prohibited activities.
You agree that JTS reserves the right but are not obligated to do any or all of
the following: (a) investigate an allegation that any Submission posted on the Site
does not conform to these Terms and Conditions and determine in its sole discretion
to remove or request the removal of any Submission; (b) remove any Submission which
is abusive, illegal, or disruptive, or that otherwise fails to conform with these
Terms and Conditions; (c) terminate a user's access to the Site; (d) monitor, edit,
or disclose any Submission on the Site; or (e) edit or delete any content posted
on the Site, regardless of whether such content violates these Terms and Conditions.
LINKS
Some links on the Site will allow you to connect with third party websites that are not under the control of JTS. JTS are providing these links only as a convenience to you. The appearance of a link does NOT imply an endorsement by JTS. JTS is NOT responsible for the privacy practices or contents of any linked website. You access linked websites at your own risk.
DISCLAIMER.
EXCEPT AS OTHERWISE EXPRESSLY STATED WITH RESPECT TO THE CONTENTS, MATERIALS, INFORMATION AND SERVICES ON THIS SITE ARE OFFERED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY CONDITIONS OR WARRANTY OF ANY KIND WHATSOEVER EITHER EXPRESSED OR IMPLIED. NEITHER JTS MAKE ANY REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER JTS GUARANTEE THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THIS SITE OR ITS SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED EVEN IF JTS IS AWARE OF THEM.
LIMITATION ON LIABILITY
YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE AND YOUR USE OF THE SITES IS TO
DISCONTINUE YOUR USE OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, JTS AND ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING,
PRODUCING, MAINTAINING OR DELIVERING THE SITE) AND THE MANAGERS, OFFICERS, DIRECTORS,
EMPLOYEES, MEMBERS, SHAREHOLDERS OR AGENTS OF JTS EXCLUDE
ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY
RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT,
PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL,
DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY
WAY TO BUSINESS INTERRUPTION AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE),
CONTRACT OR OTHERWISE) IN CONNECTION WITH THE SITE IN ANY WAY OR IN CONNECTION WITH
THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, INCLUDING WITHOUT
LIMITATION ACTIONS OR ACTIVITIES RESULTING FROM USE OF RESOURCES PRESENTED ON THIS
SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIAL ON SUCH WEBSITES, OR USE
OF ANY SUBMISSION, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT
MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT
OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL
FROM THIS SITE OR ANY WEBSITE LINKED TO THIS SITE.
NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT ONEYCALCULATOR.ORG
LIABILITY IN STATES OR JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR THE LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS,
JTS LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED
BY LAW.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless JTS AND from and against any and all claims, including but not limited to third party claims, damages, costs, and liabilities, including reasonable attorneys' fees arising out of, or in connection with your violation of these Terms and Conditions as well any claims arising from any unauthorized uses you may make of the materials or any other material on the Site.
APPLICABLE LAW AND JURISDICTION
Access to and use of the Site and these Terms and Conditions are governed by the laws of the State of Florida, United States of America, without giving effect to any conflicts of law or choice of laws principles or U.S. Federal Law. Any legal action or proceeding relating to your access, or use of the Site or compliance with these Terms and Conditions shall be in the jurisdiction of the federal and/or state courts presiding in the State of Florida and you agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.
NO ASSIGNMENT
You may not transfer or assign in any way any of your rights or obligations under these Terms and Conditions. Any such transfer or assignment shall be null and void.
SEVERABILITY
If any provision of these Terms and Conditions or the application of any such provision to any person or circumstance is held invalid, illegal, or unenforceable for any reason whatsoever, the remaining provisions of these Terms and Conditions and the application of such provisions to other persons or circumstances shall not be affected. To the fullest extent possible, the court finding such provision invalid, illegal, or unenforceable shall modify and construe the provision so as to render it valid and enforceable as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of validity, legality, and enforceability.
NO WAIVER
JTS’s failure to insist upon or enforce strict compliance with any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
HEADINGS
The headings for each of these Terms and Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these Terms and Conditions.
COMPLETE UNDERSTANDING
These Terms and Conditions and the Privacy Policy constitute the entire understanding between JTS and you with respect to your use of the Site, including, but not limited to, any catering orders placed through the Site.
CONTACT Jackrabbit Technology Solutions, LLC
For more information, or if you have any questions about these Terms and Conditions, please contact JTS at through email at our Terms & Conditions Administrator