If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
This Agreement contains all of the terms and conditions between Jump Start and you ("User") and governs the use of the service offered at the Website, including but not limited to domains and extensions at www.jumpstartstores.com (the "Website") and the Mobile Applications. Please read this Agreement before using the Website or Mobile Applications. Use of the Website or mobile apps constitutes an agreement with these Terms & Conditions (this "Agreement"), whether or not you register with Jump Start. If you wish to register and make use of the service (the "Service"), then please read this Agreement. By using this Website or the Mobile Application, all Users do hereby represent, warrant, understand, agree to and accept all terms and conditions contained herein. If you object to anything in this Agreement or the Privacy Policy do not use the Website, Mobile Application, or the Service.
ACCEPTANCE OF TERMS & CONDITIONS AGREEMENT. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and the Service. This Agreement may be modified by Jump Start from time to time, such modifications to be effective upon posting by Jump Start on the Website. This Agreement includes the Privacy Policy, available below, and any other policy as expressly designated by Jump Start from time to time (any policies incorporated into this Agreement will be made available to Users). By accessing the Website or becoming a registered user, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein. In addition, by accessing the Website, using the Mobile Applications, or becoming a registered user, you consent to having this Agreement provided to you in electronic form.
VENUE. The Website and Mobile Applications are communications platforms for enabling connections between customers ("Customers") and businesses ("Merchants") seeking products or services. Jump Start does not assume any responsibility for the accuracy or reliability of any information provided by Customers or Merchants on this Website or on the Mobile Applications. Jump Start does not assume and expressly disclaims any liability that may result from the use of this information. Jump Start is not responsible for the conduct, whether online or offline, of any User of the Website, the Mobile Applications, or of the Service. All Users including both Customers and Merchants do hereby expressly agree not to hold Jump Start (or Jump Start's officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers or employees) liable for any instruction, advice or services delivered which originated through the Website or Mobile Applications, and expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown there from.
ELIGIBILITY. By using the Website or the Mobile Applications, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Our products and services are available only to individuals and companies that can form legally binding contracts under applicable law. Without limiting the foregoing, our products and services are not intended to be used by minors who are legally unable to enter binding agreements based on the age of majority in the jurisdiction in which they reside or by anyone who may not legally contract with Jump Start. By signing up, Users represent that they are of the age of majority in the jurisdiction in which they reside and are otherwise legally capable of entering into binding contracts. Any misstatements and/or misrepresentations regarding the age, background, felonies, criminal offenses, experience and/or eligibility for employment in the jurisdiction of the United States of any Users of this Website or the Mobile Applications are not the responsibility of Jump Start. Jump Start does hereby disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any Users of this Website or the Mobile Applications. Users do hereby represent, understand and agree to hold Jump Start harmless for any misstatements and/or misrepresentations made by any Users of this Website or the Mobile Applications. Misstatements and/or misrepresentations are grounds for immediate termination of your use of the Website or the Mobile Applications. Jump Start reserves the right to immediately terminate the subscription of any person or entity that enrolls (by any means) in a subscription without legal authority or ability to do so.
RELEASE. Jump Start will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes in relation to the use of this Website or the Mobile Applications. By using this Site, you do hereby represent, understand, and expressly agree to hold Jump Start harmless for any claim or controversy that may arise from any disputes between you and any other User(s) of the Website or the Mobile Applications. Jump Start will use its reasonable efforts to monitor this Website and the Mobile Applications, including actions, comments, and general usage of the Website and the Mobile Applications and suspend privileges to any User not adhering to the policies of the Website and the Mobile Applications. You agree to take reasonable precautions in all interactions with other Users of the Website and the Mobile Application, particularly if you decide to meet offline or in person.
EXCLUSIVE USE. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
INFORMATION PROVIDED BY USERS. You are responsible for providing accurate, current and complete information in connection with your use and/or registration for use of the Website and the Mobile Application. Jump Start is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by Users of the Website or the Mobile Application.
You are solely responsible for any content, messages, photos, videos, reviews or profiles (collectively, "Content") that you publish or display (hereinafter, "post") on the Website or the Mobile Application, or transmit to other Users of the Website or the Mobile Application. You will not post on the Website or the Mobile Application, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Jump Start or to any other User of the Website or the Mobile Application.
You understand and agree that Jump Start may review and delete any Content, in each case in whole or in part, that in the sole judgment of Jump Start violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users of the Website or the Mobile Application.
By posting Content to any public or private area of the Website or the Mobile Application, you automatically grant, and you represent and warrant that you have the right to grant, to Jump Start, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Jump Start will not infringe or violate the rights (including intellectual property rights) of any third party.
Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
Opinions, advice, statements, offers, or other information or content made available on the Website, the Mobile Application, through the Service, but not directly by Jump Start, are those of their respective authors. Such authors are solely responsible for such content. Jump Start does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website, the Mobile Application, or available through 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, the Mobile Application, or through the Service. Under no circumstances will Jump Start or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website, the Mobile Application, or transmitted to or by any User of the Website, the Mobile Application, or the Service.
NON-SOLICITATION. The Website, Mobile Application, and related services may not be used by any person to recruit for another website, solicit, advertise, or contact in any form Users for employment, contracting, or any other purpose for a business not affiliated with Jump Start without express written permission from Jump Start. Should Jump Start find that you violate the terms of this section or any terms stated herein, Jump Start reserves the right to terminate your use of the Website and/or Mobile Application at its sole discretion at any time, and further reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
PRIVACY. Jump Start will only use the information you provide on the Website or the Mobile Application in accordance with our Privacy Policy. By using the Website or Mobile Application, you do hereby represent, understand and agree that you have reviewed and agree to the terms of our Privacy Policy. For more information, see our full Privacy Policy below.
LINKS TO EXTERNAL SITES. Links from the Website or the Mobile Application to external sites (including external sites that are framed by Jump Start) or inclusion of advertisements do not constitute an endorsement by Jump Start of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for Users' reference and convenience. Users access them at their own risk. It is the responsibility of the User to evaluate the content and usefulness of the information obtained from other sites. Jump Start does not control such sites, and is not responsible for their content. Just because Jump Start has hyperlinks to such sites does not mean that Jump Start endorses any of the material on such sites, or has any association with their operators. Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by Jump Start's Terms & Conditions and Privacy Policy. Jump Start expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Website or the Mobile Application. All Users hereby agree to hold Jump Start harmless from any liability that may result from the use of links that may appear on the Website or the Mobile Application. In addition, you hereby agree that you are solely responsible for any and all charges that you or any user of your device(s) does or may incur using third-party websites or third-party mobile applications.
COOKIES. The Website and the Mobile Application use cookies, tracking pixels and related technologies. By visiting our Website or using the Mobile Application, third parties (such as AdRoll, Google Analytics) may place cookies on users' browsers for targeted advertising purposes. Cookies are small data files that are served by a platform and stored on your device. Our Website and the Mobile Application do or may uses cookies dropped by us or third parties for a variety of purposes including to operate and personalize the Website and the Mobile Application. Cookies may also be used to track how you use the Website and Mobile Application in order to target ads to you on other websites. You can opt out of receiving targeted advertising by visiting www.aboutads.info or networkadvertising.org/choices.
COPPA COMPLIANCE. Jump Start is not intended to be used by minors who are legally unable to enter binding agreements based on the age of majority in the jurisdiction in which they reside or by anyone who may not legally contract with Jump Start. By signing up, Users represent that they are of the age of majority in the jurisdiction in which they reside and are otherwise legally capable of entering into binding contracts. But as always, Customers and Merchants should monitor children's use of the Internet. Jump Start will not knowingly collect any information from children under 13. Jump Start takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously, and our policies and procedures are designed to maintain strict compliance with the Rules and Regulations set forth thereunder. That being said, Jump Start does not assume any responsibility for any misrepresentations regarding the age of any User made in connection with any User's registration for or use of the Website or the Mobile Application. We reserve the right to terminate without notice the subscription of any User if we believe that the User has provided any false information to use when registering for or using this Website or the Mobile Application. Should we determine that you provided any false information to us when using this Website or Mobile Application, your subscription will be terminated immediately and we further reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
PROHIBITED USE. The Website and Mobile Application is for the personal use of individual Users only. Use of the Website and the Mobile Application is with the permission of Jump Start. Jump Start reserves the right to terminate your use of this Website and/or the Mobile Application at its sole discretion at any time. In order to protect the integrity of the Website, Mobile Application, and the Service, Jump Start also reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Website and/or Mobile Application. The Website, Mobile Application, and related services may not be used by any person or organization to recruit, solicit, or contact in any form for employment or contracting for a business not affiliated with Jump Start without express written consent from Jump Start in advance. Organizations, companies, and/or businesses may only register as an Agency or advertiser and should not use the Service, the Website, or the Mobile Application for any illegal or unauthorized purpose, including (but not limited to) collecting Usernames and/or email addresses of Users by electronic or other means, unless express written consent from Jump Start is obtained in advance.
Should Jump Start find that you violated the terms of this paragraph or any terms stated herein, Jump Start reserves the right, at its sole discretion, to immediately terminate your use of the Website and/or the Mobile Application, and/or to assess a reasonable daily penalty fee for removing and permanently deleting, either in a manual or automatic manner, User, Customer or Vendor information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misusing or misappropriating Website or Mobile Application content, including but not limited to, use on a "mirrored", competitive, or third party Website or Mobile Application.
Although Jump Start cannot monitor the conduct of its Users off the Website or the Mobile Application, it is also a violation of these rules to use any information obtained from the Website, the Mobile Application, or the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit written consent from Jump Start. In order to protect our Users from such advertising or solicitation, we reserve the right to restrict the number of emails which a User may send to other Users in any 24-hour period to a number which we deem appropriate in our sole discretion.
LIMITED LICENSE. Jump Start grants Users a nonexclusive, revocable right to use the Website and/or Mobile Application provided that Users do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Website or Mobile Application in any manner or form, or (iii) violate any term in this Agreement. In addition, you must not without Jump Start's written permission: (a) translate the Website or the Mobile Application into other languages (or attempt to do so); (b) use or copy any material from the Website or the Mobile Application, including, but not limited to, onto other websites or in other mobile applications; or (c) frame any of the Website or the Mobile Application onto your own or another person's website or mobile application.
SMS TEXT MESSAGE ALERT SERVICE. Jump Start may make an SMS text message alert service available to Customers and/or Merchants. Customers and/or Merchants who decide to use this service will receive SMS text message notifications on their cellular phones and/or mobile devices. Use of the SMS text message service is voluntary. By deciding to use this service, you give express permission to send SMS text messages to your cellular phone and/or mobile device. Additionally, you do hereby represent, understand and expressly agree that Jump Start does not have control over or assume any responsibility for the quality, accuracy, or reliability of this service. Carriers are not liable for delayed or undelivered messages. Although Jump Start does not charge for this service, carrier charges may apply for receiving SMS text messages. You are solely responsible for any costs you incur when receiving SMS text message alerts from Jump Start. To confirm - Message and data rates may apply, message frequency varies. For HELP reply help. For Opt-Out reply STOP.
NO WARRANTY. The information and materials contained in this Website and the Mobile Application, including text, graphics, information, links or other items are provided "as is", "as available". JUMP START DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
LIMITATION ON LIABILITY. Under no circumstances will Jump Start, Jump Start's agents and employees, officers, directors, corporate partners, or participants be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Website or the Mobile Application, any information received from the Website or the Mobile Application, any email distributed to any User or any linked website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Jump Start, or representatives thereof, are advised of the possibility of such damages, losses or expenses. Users release Jump Start and its agents, officers, directors, corporate partners, and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with any such disputes. This limitation on liability hereby expressly absolves Jump Start from any and all liability relating to disputes between users and merchants relating to the validity or acceptance of coupons.
Jump Start is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website, the Mobile Application, and/or in connection with the Service. Under no circumstances will Jump Start or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting in any way from anyone's use of the Website, the Mobile Application, or the Service, any Content posted on the Website or the Mobile Application, or transmitted to Users, or any interactions between Users of the Website or the Mobile Application, whether online or offline. The Website, the Mobile Application, and the Service are provided "AS-IS" and EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY KIND WHATSOEVER. Jump Start cannot guarantee and does not promise any specific results from use of the Website, the Mobile Application, and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website or the Mobile Application is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Jump Start 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 or the Mobile Application. 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.
INDEMNIFICATION. By agreeing to the terms of this Agreement, Users of the Website and/or Mobile Application agree to indemnify, defend and hold harmless Jump Start, its directors, officers, employees, agents, investors, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as "Jump Start") from and against any and all claims, loss, expense or demand of liability, including attorneys' fees and costs incurred by Jump Start and affiliates in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Website or the Mobile Application, or (ii) use of the Website or Mobile Application by you in violation of these Terms & Conditions or in violation of any law. Users further agree that they will cooperate as reasonably required in the defense of such claims. Jump Start and affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of Jump Start. Users further agree to hold harmless Jump Start and its affiliates. as well as, if applicable, the User's employer or anyone who pays for the Service on the User's behalf, from any claim arising from a third party's use of information or materials of any kind that Users transmit through or post to the Website or the Mobile Application. At your option and on your own volition, you may request to see if your company is on the list of employers that subscribe to the Service on behalf of their employees by submitting an inquiry via company email account addressed to Jump Start. PLEASE NOTE: THE SMS PROGRAM IS NOT INCLUDED IN ANY CLAIM.
NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT. If you believe any materials accessible on or from the Website or the Mobile Application infringe your copyright, you may request removal of those materials (or access thereto) from this Website or the Mobile Application by contacting Jump Start's copyright agent (identified below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Jump Start's agent for copyright issues relating to this Website and the Mobile Application is as follows:
Jump Start Stores
Email: marketing@jumpstartstores.com
Phone: 866.993.0307
In an effort to protect the rights of copyright owners, Jump Start maintains a policy for the termination, in appropriate circumstances, of Users of this Website and/or the Mobile Application who are repeat infringers.
NOTICE OF TRADEMARK RIGHTS. The service marks and trademarks of Jump Start and Jump Start's logos are service marks owned by Jump Start. Any other trademarks, service marks, logos and/or trade names appearing on the Website or the Mobile Application are the property of their respective owners. Users acknowledge the rights of Jump Start and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner.
U.S. EXPORT CONTROLS. Software from this Website and the Mobile Application (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or Mobile Application or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
JURISDICTION AND CHOICE OF LAW. If there is any dispute arising out of the Website, Mobile Application, and/or the Service, by using the Website or the Mobile Application, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive and personal jurisdiction and venue of the New York State Supreme Court sitting in Broome County or the United States District Court for the Northern District of New York for the resolution of any such dispute.
MISCELLANEOUS. Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
THIRD PARTY AGREEMENTS. You must comply with any applicable third party terms of agreement when using the Website or Mobile Application (e.g., you must ensure that your use of the Mobile Application is not in violation of your mobile device agreement or any wireless data service agreement).
SEVERABILITY. If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms & Conditions herein shall survive, remain in full force and effect and continue to be binding and enforceable.
ASSIGNMENT. You shall not, without Jump Start's written permission, assign or transfer or purport to assign or transfer this Agreement between you and us to any other person or entity. Any assignment of this Agreement made by you without Jump Start's written permission shall be automatically void in every respect. Jump Start, in its sole discretion, is hereby authorized to assign its rights and obligations under these Terms & Conditions (and any policies incorporated herein), in whole or in part, to any person or entity, at any time and without the consent of you as a User.
CHANGES AND TERMINATION. Jump Start reserves the right to make changes to these Terms and Conditions at any time and for any reason. JUMP START WILL NOTIFY YOU BY EMAIL OF ANY MATERIAL CHANGES TO THESE TERMS & CONDITIONS AND YOUR USE OF THE WEBSITE, MOBILE APPLICATION, OR THE SERVICE AFTER SUCH CHANGES TAKE EFFECT WILL CONSTITUTE ACCEPTANCE BY YOU OF SUCH CHANGES. Jump Start also reserves the right to make changes to the Website, Mobile Application, and/or Service at any time and for any reason and your continued use of the Website, Mobile Application, and/or Service after such changes take effect will constitute your acceptance of such changes. Jump Start may also wish to stop providing the Website or the Mobile Application, and may terminate use of either or both at any time without giving notice of termination to you. Unless Jump Start informs you otherwise, upon any termination of the Website or the Mobile Application: (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the Mobile Application, and (if needed) delete it from your device.
CONTACT INFORMATION. If you have any questions or need further information as to the Website, the Mobile Application, or Service provided by Jump Start, or need to notify Jump Start as to any matters relating to the Website, Mobile Application, or Service (including any problems you may be experiencing), please contact at:
Jump Start Stores
Email: marketing@jumpstartstores.com
Phone: 866.993.0307