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Terms of Service

Last updated: June 15, 2007

Welcome to the jmcworld.com (the "Website"), a site owned and managed by James Management Consulting, Inc (JMC). This Terms of Service ("TOS") contain the terms and conditions that govern your use of the Website and the jmcworld.com Service (as defined below). This TOS explains your rights and responsibilities and what you can expect from the jmcworld.com Service. Use of the jmcworld.com Website represents your acceptance of and agreement to this TOS.

JMC reserves the right to add, delete and/or modify any of the terms and conditions contained in this jmcworld.com TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the jmcworld.com Website. In the event of substantive changes to this TOS, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Website and the jmcworld.com Service. Your continued use of this JMC Website following posting of a change notice or new TOS on this JMC Website will constitute binding acceptance of the changes.

1. The jmcworld.com Service.

JMC provides a number of Internet-based services through the Website (all such services, collectively, the "jmcworld.com Service"). The jmcworld.com service enables users to access the information posted on the Website, where some information may be accessed through memberships, through which information collected is govern by our Privacy Policy.  Users also have the ability to purchase products offered through this JMC Website (collectively, "Products")jmcworld.com users may purchase Products for their own personal use.  Users who would like to sell Products must enter into a Reseller Agreement. JMC allows all users to browse and purchase Products from the Website. JMC may offer a number of other services on this Website, including without limitation, message boards, contests, and newsletters, which may change from time to time.

2. Use of the Web Site and jmcworld.com Service.

2.1 Eligibility. JMC will only knowingly make the jmcworld.com Service available to parties that can lawfully enter into and form contracts under applicable law.  The jmcworld.com Service is not intended for children and for users under the age of 18 years old.

2.2 Compliance with TOS and Applicable Law. You must abide by all of the terms and conditions of this TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the jmcworld.com Service and the Website.

2.3 Your License to Use the Web Site and the jmcworld.com Service.

(a) JMC solely and exclusively owns all intellectual property and other rights, title and interest in and to the jmcworld.com Service and Website, except as expressly provided for in these TOS. For example and without limitation, JMC owns all related trademarks, websites & Design; the copyrights in and to the Website, and the process enabling you, the users to access the jmcworld.com Service. You will not acquire any right, title or interest therein under this TOS or otherwise to any intellectual property owned by JMC; obliterate, or cancel from view any copyright, trademark, confidentiality or other proprietary notice, mark or legend appearing on jmcworld.com.

(b) JMC grants you a limited revocable license to access and use the Website and the jmcworld.com Service for its intended purposes, subject to your compliance with this TOS. This license does not include the right to collect or use information contained on the Website for purposes prohibited by JMC; to compete with JMC; to create derivative works based on the content of the Website; or download or copy the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you breach this TOS, JMC may revoke the license granted to you.

2.3 Third-Party Services. JMC may use third parties to provide certain services accessible through the jmcworld.com Website. JMC does not control those third parties or their services, and you agree that JMC will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as this TOS when you use those services. If any such terms or policies conflict with jmcworld.com's TOS, agreements or policies, you must comply with jmcworld.com's TOS, agreements or policies, as applicable.

3. General Rules.

3.1 Prohibited Use. You may only use the jmcworld.com Service as expressly permitted by JMC. You may not cause harm to the Website or the jmcworld.com Service. Specifically, but not by way of limitation, you may not: (i) interfere with the jmcworld.com Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) create, modify, publish, display, disclose, rent, lease, loan or distribute derivative works from Documentation or any part thereof without the express written permission of JMC, (iii) reverse engineer, decompile or disassemble any technology used to provide the jmcworld.com Service; (iv) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet "search engine", hit counters or similar technology; (v) collect electronic mail addresses or other information from third parties by using the jmcworld.com Service; (vi) impersonate another person or entity; (vii) use any meta tags, search terms, key terms, or the like that contain jmcworld.com's name or JMC’s trademarks; (viii) engage in any activity that interferes with another user's ability to use or enjoy the jmcworld.com Service; or (ix) assist or encourage any third party in engaging in any activity prohibited by this TOS

3.2 Privacy Policy. By entering into this TOS, you agree to JMC's collection, use and disclosure of your personal information in accordance with the jmcworld.com Privacy Policy.

3.3 Ordering Policies. If you purchase Products, you agree to do so in accordance with jmcworld.com's Ordering Policy and instructions on the Website. Title to the Products you purchase passes to you when the Products are delivered to the common carrier.

4. Reservation of Rights.

4.1 Monitoring. JMC reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If JMC determines, in its sole and absolute discretion, that you or another jmcworld.com user will breach a term or condition of this TOS or that such transaction or communication is inappropriate, JMC may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.  JMC may provide, or third parties may provide, links to other World Wide Web sites or resources. Because JMC has no control over such sites and resources, you acknowledge and agree that JMC 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 JMC 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.

Furthermore, you agree not to use jmcworld.com to:

  • upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic or sexually explicit, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable to JMC and jmcworld.com.

  • upload, post, email, transmit or otherwise make available content  that violates laws or regulations designed to protect minors.

  • impersonate any person or entity, including, but not limited to, the jmcworld.com webmaster, forum leader, guide or host, of falsely state or otherwise misrepresent your affiliation with a person on entity;

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through jmcworld.com;

  • upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary right ("Rights") of any party;

  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

  • Intentionally upload, post, email, transmit or otherwise make available nay 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 on telecommunications equipment;

  • disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of jmcworld.com are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;

  • interfere with or disrupt jmcworld.com or servers or networks connected to jmcworld.com, or disobey any requirements, procedures, policies or regulations of networks connected to jmcworld.com;

  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

  • stalk or otherwise harass another, or

  • collect or store personal data about other users.

4.2 Modification of the Service. JMC reserves the right to modify the organization, structure or "look and feel" of the jmcworld.com Service or the Website, and may change, suspend, or discontinue any aspect of the jmcworld.com Service at any time without any liability to you or any third party. JMC shall have complete discretion over the features, functions, prices and other terms and conditions on which the jmcworld.com Service is offered to jmcworld.com users.

5. Submissions.

When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant JMC permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that JMC will have no obligation to keep any Submissions confidential. You will not bring a claim against JMC based on "moral rights" or the likes arising from jmcworld.com's use of a Submission.

6. Representations and Warranties.

6.1 Mutual Representations and Warranties. You represent and warrant to JMC and JMC represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under this TOS, (ii) the execution and performance of your or its obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this TOS is a legal, valid and binding obligation of the party entering into this TOS, enforceable in accordance with its terms and conditions.

6.2 By You. You represent and warrant to JMC.com that, in your use of the jmcworld.com Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to JMC that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) JMC will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that JMC incurs in providing the jmcworld.com Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.

7. Disclaimers and Exclusions.

DISCLAIMER OF WARRANTIES. JMC PROVIDES THE WEBSITE AND JMCWORLD.COM SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. JMC DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, JMCWORLD.COM SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. JMC MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

8. Limitation of Liability.

LIMITATION OF LIABILITY. JMC WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE JMCWORLD.COM SERVICE OR THIS TOS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Indemnification.

You must indemnify and hold JMC and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any provision of this TOS through any act or omission. If you have to indemnify JMC under this Section, JMC will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without JMC’s express written permission.

10. Termination.

10.1 Termination. In its sole discretion, with or without notice to you, JMC may: (i) suspend, limit your access to or terminate your use of the Website and/or the jmcworld.com Service, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your Content from jmcworld.com's servers and directories and (iv) prohibit you from using the jmcworld.com Service and/or the Website.

10.2 Survival. Notwithstanding Section 10.1 above, this TOS will survive indefinitely unless and until JMC chooses to terminate this TOS.

10.3 Effect of Termination. If you or JMC.com terminates your use of the Website or the jmcworld.com Service, JMC may delete any Content or other materials relating to your use of the jmcworld.com Service on jmcworld.com's servers or otherwise in its possession and JMC will have no liability to you or any third party for doing so.

11. Notice.

All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to JMC, you must use the following addresses: 630 E 59th Street, Brooklyn, NY 11234, business@jmcworld.com. If JMC provides notice to you, JMC will use the contact information provided by you to JMC. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.

12. Dispute Resolution.

All disputes arising out of, relating to or connected with these TOS or your use of any part of the jmcworld.com Service will be exclusively resolved under confidential binding arbitration held in Kings County, New York, before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying New York law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Kings County, New York. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and New York State courts in Kings County. Notwithstanding anything to the contrary in this Section 12, JMC may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.

13. Miscellaneous.

These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New York without reference to conflict of law principles. This TOS is not assignable or transferable by you without the prior written consent of JMC. This TOS (including all of the policies and other Agreements described in this TOS, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and JMC are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect. 

 

 

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