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Terms

JBUDDY

Terms of Use Agreement 

Date of Last Revision: March 10, 2009
 

JBuddy,Inc. a social utility that connects you with the people around you.Whose principal office is located at 10520 Yonge Street,Suite 275,Richmond Hill, Ontario, Canada. The service and network (collectively, "JBuddy" or "the Service") are operated by Jbuddy, Inc. and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using our web site at www.JBuddy.net or the mobile version thereof (together the "Site"), you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of JBuddy. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you object to anything in these or any future Terms of Use,or the Jbuddy Privacy Policy, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
 

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Eligibility
Use of the JBuddy Services and registration to be a Member for the JBuddy Services (“Membership”) is void where prohibited. By using the JBuddy Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the JBuddy Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

Fees
You acknowledge that JBuddy reserves the right to charge for any portion of the JBuddy Services and to change its fees (if any) from time to time in its discretion. If JBuddy terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

TERM AND TERMINATION:
This Agreement and any posted revision to this Agreement, will remain in full force and effect while You use the Service and/or are a Member. You may terminate your membership at any time by following the instructions in the Help section of the Website or by sending Us written notice of termination. Either You or We may terminate your membership by removing your profile, at any time, for any reason, with or without explanation, effective upon sending written or email notice to the other party. Upon such termination by Us without cause, We shall refund, pro rata, any unused portion of any subscription payments that We have received from You. In the event that (a) You terminate your subscription or membership or (b) We determine, in our sole discretion, that You have violated this Agreement or our posted Privacy Statement, You shall not be entitled to, nor shall We be liable to You for, any refund of any unused portion of any subscription payments We have received from You, and We may continue to bar Your use of the Service in the future. Even after membership is terminated, this Agreement will remain in effect.

Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to JBuddy, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

PROPRIETARY RIGHTS:
JBuddy does not claim any ownership rights in the text,files,images,photos,video,sounds,musical works,works of authorship, applications, or any other materials (collectively, “content”) that you post on or through the JBuddy Services. After posting your content to the JBuddy Services, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content and any such rights that you may have in your content, subject to the limited license herein. By displaying or publishing (“posting“) any content on or through the JBuddy Services, you hereby grant to JBuddy a limited license to use, modify, delete from, add to, reformat, translate, excerpt (in whole or in part) publicly perform, publicly display, reproduce, and distribute such Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, including without limitation distributing part or all of the content, in any media formats and through any media channels.The license you grant to JBuddy is non-exclusive (meaning you are free to license your Content to anyone else in addition to JBuddy), fully-paid and royalty-free (meaning that JBuddy is not required to pay you for the use on the JBuddy Services of the Content that you post), sublicensable (so that JBuddy is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the JBuddy Services), and worldwide (because the Internet and the JBuddy Services are global in reach). You represent, warrant and covenant that: (i) you own the Content posted by you on or through the JBuddy Services or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of your Content on or through the JBuddy Services does not violate any applicable laws, including but not limited to the privacy rights, publicity rights, intellectual property rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you on or through the JBuddy Services.The JBuddy Services contain Content of JBuddy ("JBuddy Content"). JBuddy Content is protected by copyright, trademark, patent, trade secret, industrial secret, and other laws, and JBuddy owns and retains all rights in the JBuddy Content and the JBuddy Services. JBuddy hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the JBuddy Content (excluding any software code) solely for your personal use in connection with viewing the JBuddy Website and using the JBuddy Services. The JBuddy Services contain Content of Users and other JBuddy licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the JBuddy Services.

Content Posted on the Site
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that JBuddy may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of JBuddy violates this Agreement or the JBuddy Code of Conduct, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to JBuddy.

Your Use Of The Service
By becoming a Member, You agree to accept and consent to receiving email communications initiated from Us or through Us including, without limitation: message notification emails, " Match" emails, emails informing you about events and parties We organize, emails informing You of changes to the Service and emails informing You of promotions that either We provide or that are being provided by third parties. If you choose to respond to promotions that are provided by third parties and in the course of doing so, disclose information to any external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their private policies. Message notification emails such as " Match" emails, emails informing you about events and parties We organize and emails informing You of changes to the Service are provided by Us as part of the operation of the Service and you will receive these messages for as long as you are Our member. Should You not wish to receive any of Our email communications, please do not register with Us for the Service. However, You may opt-out of receiving Email communications sent from Us or through Us offering You third party goods or services. To learn how to do so, visit the Help section of the Websites.

Prohibited Activities.
Your use of the service is strictly at your own risk and you are solely responsible for your contact, whether it be written, verbal or in person, with any other Member of the Service. JBuddy and its officers, directors, employees, agents,partners,shareholders, affiliates, advertisers, promoters or distribution partners and third parties assume no responsibility whatsoever for harm that may come to you as a result of your contact (of any form) with any other Member of the Service (including but not limited to emotional, verbal and physical abuse or assault). JBuddy reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
You understand that except for advertising programs offered by us on the Site (e.g., JBuddy Flyers, JBuddy Directory), the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the Service or the Site to:
• harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the JBuddy Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, JBuddy reserves the right to restrict the number of emails which a Member may send to other Members to a number which JBuddy deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the JBuddy Services, you acknowledge that you will have caused substantial harm to JBuddy, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay JBuddy USD $50 for each such unsolicited email or other unauthorized commercial communication you send through the JBuddy Services;
• use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
• use automated scripts to collect information from or otherwise interact with the Service or the Site;
• upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
• upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
• register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
• upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• circumventing or modifying, attemting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any sercurity technology or software that is part of the Jbuddy Services;
• interfering with, disrupting, or creating an undue burden on the Jbuddy Services or the networks or services connected to the Jbuddy Services;
• intimidate or harass another;
• upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• use or attempt to use another's account, service or system without authorization from JBuddy, or create a false identity on the Service or the Site.
• upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of JBuddy, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose JBuddy or its users to any harm or liability of any type.
• You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
• You will not impersonate any person or entity.
• You will not "stalk" or otherwise harass any person.
• You will not express or imply that any statements you make are endorsed by JBuddy without our specific prior written consent.
Without limiting any of the foregoing, you also agree to abide by our JBuddy Code of Conduct that provides further information regarding the authorized conduct of users on JBuddy.

IP Address Blocking.
In order to protect the integrity of the Website, JBuddy reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.

No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

Jbuddy Directory
All listings posted on or through the directory service and all transactions conducted in connection therewith are subject to and governed by the Jbuddy Directory Guidelines (the "Guidelines") as well as these Terms of Use. When you use the Jbuddy Directory in any manner you are agreeing to abide by and be subject to the Guidelines and the other applicable rules set forth in these Terms of Use. The Guidelines are subject to change without prior notice at any time, in Jbuddy’s sole discretion, so you should review the Guidelines each time you use JBudddy directory. Parties to a transaction are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and performance of any transaction or relationship entered into through Jbuddy Directory. You acknowledge that JBuddy is not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of the transaction. Any fees or payments collected by JBuddy applicable to Jbuddy Directory are set forth on the Site, and all terms and conditions applicable to such fees are set forth in the JBuddy Terms of Sale However, please note that the Terms of Sale do not apply to your purchases of products or services from third parties through Jbuddy Directory, as those transactions are strictly between you and the other party to the transaction. ALL USE OF JBUDDY’S DIRECTORY IS PROVIDED "AS IS" AND AT YOUR OWN RISK.

Protecting Copyrights and Other Intellectual Property.
 JBuddy respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. JBuddy has the right to terminate the Membership of infringers.

If you believe your work has been copied and posted on or through the JBuddy Services in a way that constitutes copyright infringement, please send JBuddy's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the JBuddy Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. JBuddy's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, JBuddy, Inc., 10520 Yonge Street, Suite #275, Richmond Hill,Ontario, Canada, L4C 3C7; Attn: Copyright Agent.  

Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Share Service
JBuddy offers a feature whereby users of the Site can share with others or post to their own member profile, videos,music, articles and other Third Party Applications, Software or Content from, and/or links to, Third Party Sites through the Service (the "Share Service"). You acknowledge and agree that your use of the Share Services and all links, User Content or Third Party Applications, Software or Content shared through the Share Service is subject to, and will fully comply with the user conduct rules set forth above and the other terms and conditions set forth in these Terms of Use.

Changes and Modifications to The website or the Services.
JBuddy reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that JBuddy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that JBuddy reserves the right to change any of the terms, rights, obligations, privileges or institute new charges for access to or continued use of Services at any time, with or without providing such notice as the Site may determine appropriate. All changes will be posted online or may be emailed to you at JBuddy’s discretion, and you are responsible for reviewing the information and terms of usage as may be posted regularly to obtain timely notice of such changes. Continued use of the Services or non-termination of your membership after changes are posted or emailed constitutes your acceptance or deemed acceptance of the terms as modified, regardless of whether the notice or email was successfully received, read, or lost during transmission. You agree that JBuddy will have no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by Our Service. You acknowledge that features, parameters or other services We provide may change at any time. You acknowledge that We reserve the right to sign out, terminate, delete or purge Your account from the Service if it is inactive. "Inactive" means that you have not signed in to the Service for a particular period of time, as determined by Us, in Our sole discretion. In order to protect our Members from improper advertising or solicitation, and to maintain usage integrity on the Site, we reserve the right to restrict access by all Members to all or certain elements of the Service on a per-action basis (including messaging, or otherwise), such levels to be determined at our sole discretion from time to time.

Member Disputes
You are solely responsible for your interactions with other JBuddy Members. JBuddy reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.If You have a dispute with one or more of Our Members, you release Us (and our officers, directors, agents, subsidiaries,promoters, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

Interactions with Members.
You are solely responsible for your interactions with other Members. You understand that JBuddy does not in any way screen its Members, nor does JBuddy inquire into the backgrounds of its Members or attempt to verify the statements of its Members JBuddy makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. In no event shall JBuddy be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service. You agree to take reasonable precautions in all interactions with other Members of the Service, particularly if you decide to meet offline or in person. You understand that JBuddy makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information) to other Members.

Customer Service
JBuddy provides assistance and guidance through its customer service representatives. When communicating with our customer service representatives, you agree not to be abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or racially offensive. Should any of Our customer service employees feel, at any point, threatened or offended by Your conduct, We reserve the right to immediately terminate Your membership and You shall not be entitled to the refund of any subscription payments We have received from You.

Privacy
Use of the JBuddy Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.  

Content
Please note you may be involuntarily exposed to offensive or obscene materials on the Service that may have been posted by Members, hackers or unauthorized users from time to time. Please note that it is possible for others to obtain your personal information and use it to engage in an action that may be harmful to you or injure you. JBuddy is not responsible for the use of any personal information that you choose to display, publish or distribute to other Members.

Content on JBuddy
a. Proprietary Rights. JBuddy owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of JBuddy, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
b. Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by JBuddy, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. JBuddy does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will JBuddy or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.

INTELLECTUAL PROPERTY
All intellectual property rights in and to the Service are and shall be owned by Us, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Service are the property of their respective owners.

Disclaimers
JBuddy is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by JBuddy, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. JBuddy is not responsible for the conduct, whether online or offline, of any user of the Site or Service.

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. JBuddy assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. JBuddy is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will JBuddy be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.

THE SITE, THE SERVICE (INCLUDING THE MOBILE SERVICES, THE SHARE SERVICE AND THE DIRECTORY SERVICE), ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND JBUDDY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. JBuddy CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. JBuddy DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CONTENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

JBuddy reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by JBuddy.
Under no circumstances will JBuddy or any of its officers, directors, employees, agents,partners,shareholders, affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the sites services, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website is provided "AS-IS" and JBuddy expressly disclaims any warranty of fitness for a particular purpose or non-infringement. JBuddy cannot guarantee and does not promise any specific results from use of the Website.

In addition to the preceding paragraph, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice.

JBuddy makes no representations or warranties and EXPRESSLY disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

Limitation on Liability
IN NO EVENT WILL JBUDDY OR ITS officers, directors, employees, agents ,partners, shareholders, affiliates, advertisers, promoters or distribution partners
BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF JBUDDY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, JBUDDY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO JBUDDY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL JBUDDY'S LIABILITY TO YOU EXCEED $1000.

Jurisdiction and Choice of Law
By visiting or using the Site and/or the Service, you agree that these Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles.Each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue. you agree not to commence or prosecute any action in connection therewith other than in the courts of the Province of Ontario, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the courts of the Province of Ontario.This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
 

Indemnity
You agree to indemnify and hold JBuddy, its subsidiaries and affiliates, and each of their directors, officers, agents,promoters, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to JBuddy are non-confidential and shall become the sole property of JBuddy. JBuddy shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Entire Agreement
This Agreement is accepted upon your use of the Jbuddy Website or any of the Jbuddy Services and is further affirmed by you becoming a Member.These Terms of Use Agreement constitute the entire agreement between you and JBuddy regarding the use of the Site and/or the Service, superseding any prior agreements between you and JBuddy relating to your use of the Site or the Service. The failure of JBuddy to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Terms of Use Agreement and shall not affect the validity and enforceability of any remaining provisions.
 

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