1. ACCEPTANCE OF TERMS
JCS Technology, LLC provides Secure Inventory to its User(s)
subject to this Terms of Service Agreement. JCS Technology, LLC reserves the
right to update Secure Inventory from time to time without notice to the User.
When using Secure Inventory, you shall be subject to any posted guidelines or
rules applicable to such services which may be posted from time to time by
Secure Inventory or JCS Technology, LLC. Any and all such guidelines or rules
are hereby incorporated by reference into this Terms of Service Agreement.
THESE TERMS OF SERVICE GOVERN THE USE OF SECURE INVENTORY WEB SITE BY YOU AND
YOUR EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED TO AS "YOU"). BY
USING THE WEB SITE, YOU AGREE TO ALL OF THE PROVISIONS CONTAINED OR REFERRED TO
IN THESE TERMS OF SERVICE. YOUR USE OF THE SECURE INVENTORY WEB SITE AFTER SUCH
CHANGES ARE POSTED TO THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
PLEASE CONSULT THESE TERMS OF SERVICE REGULARLY.
2. DESCRIPTION OF SERVICE
JCS Technology, LLC, provides users with access to its Secure
Inventory software application which is used to inventory valuables and the
information pertaining to these items (the "Service"). You understand
and agree that the Service may include advertisements and that these
advertisements are necessary for JCS Technology, LLC to provide the Service.
You also understand and agree that the service may include certain
communications from JCS Technology, LLC, such as service announcements and
administrative messages. These communications are considered part of Service
membership and you will not be able to opt out of receiving them. Unless
explicitly stated otherwise, any new features that augment or enhance the
current Service, including the release of other Secure Inventory services,
shall be subject to this Terms of Service. You understand and agree that the
Service is provided "AS-IS" and that JCS Technology, LLC assumes no
responsibility for the timeliness, deletion, mis-delivery or failure to store
any user communications or personalization settings.
You are responsible for obtaining access to the Service and
that access may involve third party fees (such as Internet service provider or
airtime charges) which you are solely responsible for paying. This includes
fees associated with the display or delivery of advertisements. In addition,
you must provide and are responsible for all equipment necessary to access the
Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to:
(a) provide true, accurate, current and complete information about yourself as
prompted by the registration form (such information being the
"Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete,
or JCS Technology, LLC has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, JCS Technology, LLC has the
right to suspend or terminate your account and refuse any and all current or
future use of the Service (or any portion thereof).
BY REGISTERING FOR THIS SERVICE YOU AGREE TO PAY A REACCURING
MONTHLY FEE FOR USE OF THESE SERVICES FOR AS LONG AS YOU CONTINUTE TO MAINTAIN
AN ACCOUNT WITH SECURE INVENTORY. YOU MUST GIVE JCS TECHNOLOGY, LLC A THIRTY
(30) DAY NOTICE OF YOUR INTENT TO TERMINATE THE USE OF THE SERVICES.
4. PRIVACY POLICY
Registration Data and certain other information about you is
subject to our Privacy Policy which you may access on the Secure Inventory
Website.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon
completing the registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify JCS Technology, LLC of any unauthorized use of your password
or account or any other breach of security, and (b) ensure that you exit from
your account at the end of each session. JCS Technology cannot and will not be
liable for any loss or damage arising from your failure to comply with this
Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software,
messages or other materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the person from which
such Content originated. This means that you, and not JCS Technology, LLC, are
entirely responsible for all Content that you upload, post, email, transmit or
otherwise make available via the Service. JCS Technology, LLC does not control
the Content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. Under no circumstances will JCS
Technology, LLC be liable in any way for any Content, including, but not
limited to, for any errors or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the use of any Content posted,
emailed, transmitted or otherwise made available via the Service.
You acknowledge that JCS Technology, LLC does not pre-screen
Content, but that JCS Technology, LLC and its designees shall have the right
(but not the obligation) in their sole discretion to refuse or move any Content
that is available via the Service. Without limiting the foregoing, JCS
Technology, LLC and its designees shall have the right to remove any Content
that violates this Terms of Service or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or usefulness of
such Content.
You acknowledge and agree that JCS Technology, LLC may
preserve Content and may also disclose Content if required to do so by law or
in the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the Terms of Service;
(c) respond to claims that any Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of JCS Technology, LLC,
its users and the public.
You understand that the technical processing and transmission
of the Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
7. INDEMNITY
You agree to indemnify and hold JCS Technology, LLC, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of Content you submit, post, transmit
or make available through the Service, your use of the Service, your connection
to the Service, your violation of the Terms of Service, or your violation of
any rights of another.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that JCS Technology may establish general
practices and limits concerning use of the Service. You agree that JCS
Technology, LLC has no responsibility or liability for the deletion or failure
to store any data and other communications or other Content maintained or
transmitted by the Service. You acknowledge that JCS Technology, LLC reserves
the right to log off accounts that are inactive for an extended period of time.
You further acknowledge that JCS Technology reserves the right to change these
general practices and limits at any time, in its sole discretion, with or
without notice.
10. MODIFICATIONS TO SERVICE
JCS Technology, LLC reserves the right at any time and from
time to time to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that JCS Technology,
LLC shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
11. TERMINATION
You agree that JCS Technology, LLC, in its sole discretion,
may terminate your password, account (or any part thereof) or use of the
Service, and remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if JCS Technology, LLC
believes that you have violated or acted inconsistently with the letter or
spirit of the Terms of Service. JCS Technology, LLC may also in its sole
discretion and at any time discontinue providing the Service, or any part
thereof, with or without notice. You agree that any termination of your access
to the Service under any provision of this Terms of Service may be effected
without prior notice, and acknowledge and agree that JCS Technology, LLC may
immediately deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files or the Service.
Further, you agree that JCS Technology, LLC shall not be liable to you or any
third-party for any termination of your access to the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through the Service,
including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that JCS Technology shall
not be responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such
advertisers on the Service.
13. LINKS
The Service may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because JCS Technology, LLC has no
control over such sites and resources, you acknowledge and agree that JCS
Technology is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such sites or
resources. You further acknowledge and agree that JCS Technology, LLC shall not
be responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site or resource.
14. JCS Technology, LLC PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree that
Content contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as expressly
authorized by JCS Technology, LLC or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on the
Service or the Software, in whole or in part.
JCS Technology, LLC grants you a personal, non-transferable
and non-exclusive right and license to use the object code of its Software on a
single computer; provided that you do not (and do not allow any third party to)
copy, modify, create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, or to use modified
versions of the Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Service. You agree not to access the
Service by any means other than through the interface that is provided by JCS
Technology, LLC for use in accessing the Service.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JCS
TECHNOLOGY, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
JCS TECHNOLOGY MAKES NO WARRANTY THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM JCS TECHNOLOGY, LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT JCS TECHNOLOGY, LLC
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JCS
TECHNOLOGY, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO
THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS
17 AND 18 MAY NOT APPLY TO YOU.
18. NOTICE
Notices to you may be made via either email or regular mail.
The Service may also provide notices of changes to the Terms Of Service or
other matters by displaying notices or links to notices to you generally on the
Service.
19. TRADEMARK INFORMATION
Secure Inventory trademarks and service marks, and other JCS
Technology, LLC logos and product and service names are trademarks of JCS
Technology, LLC (the " JCS Technology, LLC Marks"). Without JCS
Technology, LLC’s prior permission, you agree not to display or use in any
manner, the JCS Technology, LLC Marks.
20. GENERAL INFORMATION
The Terms Of Service constitute the entire agreement between
you and JCS Technology, LLC and govern your use of the Service, superceding any
prior agreements between you and JCS Technology, LLC. You also may be subject
to additional terms and conditions that may apply when you use affiliate
services, third-party content or third-party software. The Terms Of Service and
the relationship between you and JCS Technology, LLC shall be governed by the
laws of the State of Kentucky without regard to its conflict of law provisions.
You and JCS Technology, LLC agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Fayette, Kentucky. The failure of JCS Technology, LLC to exercise or enforce any right or provision
of the Terms Of Service shall not constitute a waiver of such right or
provision. If any provision of the Terms Of Service is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the Terms Of Service remain in full
force and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Service or the Terms Of Service must be filed within one (1) year after such
claim or cause of action arose or be forever barred.