Last updated: December 7, 2021
THE AGREEMENT COVERS IMPORTANT INFORMATION ABOUT THE WEBSITE. THE AGREEMENT INCLUDES INFORMATION ABOUT FUTURE CHANGES TO THE AGREEMENT, LIMITATIONS OF LIABILITY, PRIVACY INFORMATION, A CLASS ACTION WAIVER, AND A RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT.
IF YOU HAVE NOT READ THE AGREEMENT, DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THE AGREEMENT, OR ARE NOT ABLE TO CONSENT TO BE BOUND BY THE AGREEMENT (E.G., IF YOU ARE NOT OLD ENOUGH TO ENTER INTO A BINDING LEGAL CONTRACT), DO NOT USE OUR WEBSITE.
1. Scope and Acceptance
Anyone who accesses or uses our Website is a “User.” The Agreement sets forth your rights and obligations as a User with respect to your access to and use of the Website and use of any and all information or data of any kind arising from access to, or use of, the Website, including, without limitation, any text, graphics, images, art work, sound recordings, audio, video, and software.
If you are accessing or using any part of the Website on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized (a) to accept these terms on its behalf and (b) to bind such business, organization, or entity to the Agreement.
3. Description of Website
The Website provides information and resources about Jetti, including its services and other news and information relevant to Jetti’s business.
The specific features and functionality of the Website are dynamic and may change from time to time. We reserve complete discretion with respect to the operation of the Website. We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of the Website at any time.
It is not possible to operate our Website with 100% guaranteed uptime. Jetti will make reasonable efforts to keep our Website operational. However, certain technical difficulties, routine and non-routine site maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of our Website, or a portion thereof. You agree that Jetti shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to our Website, or any portion thereof.
5. Use of the Website
Certain Jetti materials provided through the Website are protected by intellectual property laws, including but not limited to U.S. copyright laws. You expressly acknowledge and agree that the content accessible through the Website that is not expressly designated as being provided by another entity is the property of Jetti and its content providers, and Jetti and its content providers retain all right, title, and interest in the content.
Subject to the terms of the Agreement, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use the Website solely for your own non-commercial use. Except as expressly provided, all rights are reserved. Nothing contained in the Agreement or on the Website shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent or trademark of Jetti, or any third party.
Except as expressly permitted by the Agreement, in connection with the use of the Website, you may not:
(a) alter or modify the Website, or make any electronic reproduction, adaptation, distribution, performance, or display of the Website, or any portion thereof, except to the extent required for the limited purpose of reviewing material on the Website; or
(b) sell, rent, lease, transfer, distribute, broadcast, display, provide, or otherwise assign to any third party any rights to the Website, or related materials; or
(c) remove or modify any proprietary notice or labels on the Website, or related materials, including author attribution and copyright notices, or use any of our trademarks as meta-tags on any other website; or
(d) use the Website for any non-authorized purpose or any illegal purpose; or
(e) copy, modify, erase, or damage any information contained on computer servers used or controlled by Jetti or any third party; or
(f) use the Website to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable; or
(g) access or use any password-protected, secure, or non-public areas of the Website, or access data on the Website not intended for you, except in accordance with our express written authorization; or
(h) use any automated means to access or use the Website, including scripts, bots, scrapers, data miners, or similar software, or display the Website, or portions thereof, in things (e.g., framing, scraping, etc.), without our express written authorization; or
(i) attempt to or actually disrupt, impair, or interfere with the Website, or any information, data, or materials posted and/or displayed by Jetti; or
(j) attempt to probe, scan, or test the vulnerability of the Website or breach any implemented security or authentication measures, regardless of your motives or intent; or
(k) attempt to interfere with or disrupt access to or use of the Website by any user, processor, host, or network, including, without limitation, by introducing a virus, worm, Trojan horse, or other malicious code.
6. Third Party Properties Referred to on the Website
Our Website may refer to websites on the Internet, and/or entities, locations, products or services that are not under the control of or maintained by Jetti (“Third Party Properties”). Unless expressly stated to the contrary, such references do not constitute an affiliation with or endorsement by Jetti of any such Third Party Properties. You acknowledge that Jetti is providing any references to such Third Party Properties to you solely as a convenience to you, and you agree that Jetti is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing, visiting, or using such Third Party Properties, including any related materials contained on such Third Party Properties. Jetti does not endorse or make any representations about any Third Party Properties. If you access, visit, or use any Third Party Properties, including any related materials contained on such Third Party Properties, referred to on our Website, you do so at your own risk.
THE WEBSITE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROVIDED, JETTI DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, INCLUDING EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, REGARDING (A) THE WEBSITE; AND (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE.
JETTI MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL OR CONTENT DISPLAYED ON OR OFFERED THROUGH THE WEBSITE IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. JETTI ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE OR ANY RELATED PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability and Release
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THE AGREEMENT, IN NO EVENT SHALL JETTI OR ANY OF ITS AFFILIATES (INCLUDING ANY OF ITS OR THEIR PARTNERS, MEMBERS, MANAGERS, PRINCIPALS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) BE LIABLE TO YOU (INCLUDING ANY OF YOUR PARTNERS, MEMBERS, MANAGERS, PRINCIPALS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, INTENDED CONDUCT, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), NOR FOR ANY DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, INTERRUPTION IN USE OR AVAILABILITY OF DATA, LOSS OF USE OF MONEY OR USE OF PRODUCTS, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS ENSUING FROM OR IN CONNECTION WITH THE EXISTENCE, ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE OR RELATING TO ANY MATERIALS, INFORMATION, QUALIFICATION, OR RECOMMENDATIONS ON THE WEBSITE, EVEN IF JETTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Despite the foregoing limitation of liability for damages, if a court or other tribunal of competent jurisdiction decides to award monetary damages to you for any claim or cause of action arising from the same, the amount of monetary damages for such claim or cause of action shall not exceed one hundred U.S. dollars ($100).
NO ACTION ARISING OUT OF THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE WEBSITE, REGARDLESS OF FORM OR THE BASIS OF THE CLAIM, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN (OR IF MULTIPLE CAUSES, FROM THE DATE THE FIRST SUCH CAUSE AROSE) AND YOU HEREBY WAIVE ANY LONGER STATUTE OF LIMITATIONS THAT MAY BE PERMITTED BY LAW.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS JETTI AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE PARTNERS, MEMBERS, MANAGERS, PRINCIPALS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES, FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, DAMAGES, LIABILITIES, LOSSES, COSTS, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE FEES AND DISBURSEMENTS OF COUNSEL AND COURT COSTS), JUDGMENTS, SETTLEMENTS, AND PENALTIES OF EVERY KIND ARISING FROM OR RELATING TO ANY VIOLATION OF THE AGREEMENT AND ANY ACTIVITY RELATED TO YOUR USE OF THE WEBSITE OR THE INFORMATION CONTAINED ON THE WEBSITE.
You agree that Jetti may, to the extent feasible, in its sole discretion, and without prior notice, terminate your access to or use of any portion of our Website at any time and for any reason, with or without cause. You also agree that any violation by you of the Agreement will constitute an unlawful and unfair business practice that will cause irreparable harm to Jetti for which monetary damages would be inadequate. You consent to Jetti’s obtaining any injunctive or equitable relief that Jetti deems necessary or appropriate in such circumstances, without the need for a bond. These remedies are in addition to any other remedies Jetti may have at law or in equity.
11. Access and Use Where Prohibited
Access to and use of our Website are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation this provision.
12. Operation of the Website from the United States of America
By accessing and using the Website, you acknowledge and agree that Jetti controls and operates all parts of the Website from its offices in the United States of America and our third-party service provider located in the United Kingdom, and that the Website, and the information contained on the Website, is intended for use by Users located in the United States of America and, and certain other specific locations where Jetti’s business associates and/or customers are located such as Canada, Chile and the United Kingdom. Other countries may have laws and regulatory requirements that differ from those in the United State of America. Unless expressly stated to the contrary, Jetti makes no representation that the Website, or the information contained on the Website, is appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all material and content found on or accessible through the Website is solely directed to individuals, companies, or other entities located in the United States of America and certain other specific locations where Jetti’s business associates and/or customers are located such as Canada, Chile and the United Kingdom. Jetti reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on or through the Website is void where prohibited. If you access or use the Website from outside the United States of America, you are entirely responsible for compliance with applicable local laws and other applicable laws. You may not use any portion of the Website in violation of applicable export laws and regulations.
13. Choice of Law, Arbitration Agreement, Jury Trial Waiver, Class Action Waiver, and Forum Selection
(a) Choice of Law. The Agreement is governed by the laws of the State of Delaware, without regard to conflict of law provisions.
(b) Pre-Arbitration Dispute Resolution. We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing us at email@example.com. If such efforts prove unsuccessful, a party may seek to submit the dispute to arbitration by sending to the other party, by certified mail, a written Notice of Dispute. The Notice of Dispute to us should be sent to: Jetti Resources, LLC, Attention: General Counsel, 2010 8th Street, Boulder, CO 80302, USA (“Notice Address”).
(c) Arbitration Agreement. Except for disputes brought in small claims court, all disputes between you and Jetti arising out of, relating to, or in connection with the Website or the Agreement shall be exclusively settled through binding arbitration pursuant to the JAMS’ (“JAMS”) Comprehensive Arbitration Rules and Procedures then in effect. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND JETTI AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in the Agreement to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in the Agreement to the contrary, you and we agree that if Jetti makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to Jetti. Information on JAMS, how to start arbitration, and a description of the arbitration process can be found at www.jamsadr.com.
(d) Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
(e) Future Changes to Arbitration Agreement. Notwithstanding any provision in the Agreement to the contrary, you and we agree that if Jetti makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a User of the Website, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted the Agreement (or accepted any subsequent changes to the Agreement)
(f) Forum Selection. If the arbitration procedure in this Section is found unenforceable or not to apply for a given dispute, then the parties agree that the proceeding must be brought exclusively in a court of competent subject matter jurisdiction with geographic jurisdiction over New Castle County, Delaware, USA.
At any time and in Jetti’s sole discretion, we may add to, delete, or modify the terms and conditions of the Agreement. We will use commercially reasonable efforts to publish any revised portion of the Agreement, for example, by publishing the latest version of these terms and conditions at this URL. Should you deem any such addition, deletion, or modification to the Agreement unacceptable, you shall stop accessing and using the Website. All changes to the Agreement shall be effective immediately.
If any part of the 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.
No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Agreement.
You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by Jetti. Any purported assignment lacking such consent will be void at its inception. Jetti may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion.