Web Site User Agreement
This Agreement sets forth the terms and conditions that govern your use of the MYJOECARD.COM™ Web Site that is provided by MYJOECARD.COM.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. MYJOECARD.COM MAY MODIFY THIS AGREEMENT AT ANY TIME and SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are MYJOECARD.COM, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to MYJOECARD.COM a non-exclusive, royalty-free, worldwide, sub licensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site or by e-mail to MYJOECARD.COM by all means and in any media now known or hereafter developed. You also grant to MYJOECARD.COM the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against MYJOECARD.COM for any alleged or actual infringement or misappropriation of any proprietary right in your communications to MYJOECARD.COM.
MYJOECARD.COM, MYJOECARD, MyJoeCard, MJC, MJC2, Johnson County’s Business Network, ‘Local Businesses. Great Discounts.’, MyJoeCard’s Network and/or any other names MYJOECARD.COM or its Web sites, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of MYJOECARD.COM, including the "look" and "feel" of the Site, MYJOECARD.COM color combinations, layout and all other graphical elements. Any use of MYJOECARD.COM trademarks is strictly prohibited without the express permission from MYJOECARD.COM. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
3. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by MYJOECARD.COM, MYJOECARD.COM does not operate, control or endorse any information, products or services on the Internet in any way. Except for MYJOECARD.COM identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with MYJOECARD.COM. You also understand that MYJOECARD.COM cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output and for maintaining a means external to the Site for the reconstruction of any lost data.
MYJOECARD.COM offers a search feature within the Site. MYJOECARD.COM explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. MYJOECARD.COM also disclaims any responsibility for the completeness or accuracy of any directory or search result.
In connection with your use of the Site, you agree you will not:
a) Transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity;
b) Impersonate any person or entity, including but not limited to, a MYJOECARD.COM official or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
d) Post or transmit any Material that contains a virus or corrupted data;
e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
f) Use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
g) Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any Material posted by any other person or entity;
k) Manipulate or otherwise display the Site by using framing or similar navigational technology, or
l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any MYJOECARD.COM product or service if you are not expressly authorized by such party to do so.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. MYJOECARD.COM PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY and MYJOECARD.COM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUH THE SERVICE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. MYJOECARD.COM HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL MYJOECARD.COM BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION and THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF MYJOECARD.COM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, MYJOECARD.COM LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto.
5. Indemnification and Reservation of Rights.
You agree to indemnify, defend and hold harmless MYJOECARD.COM directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site. MYJOECARD.COM reserves the right to release current or past member or Web site user information if MYJOECARD.COM believes that a member’s account is being used to commit unlawful acts, if the information is subpoenaed and/or if MYJOECARD.COM deems it necessary and/or appropriate.
6. Third Party Rights.
The provisions of paragraphs 3 (Use of the Site) and 5 (Indemnification) are for the benefit of MYJOECARD.COM directors, employees, agents, licensors, suppliers and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
7. Term; Termination.
Either party without notice may terminate this Agreement at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 3 (Use of the Site), 5 (Indemnification), 6 (Third Party Rights), 11 (Miscellaneous) and 12 (Advertising Agreement) shall survive any termination of this Agreement.
8. Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
9. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that MYJOECARD.COM shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
The Site may provide, or third parties may provide, links to Internet World Wide Web sites or resources. Because MYJOECARD.COM has no control over such sites and resources, you acknowledge and agree that MYJOECARD.COM is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MYJOECARD.COM 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.
This Agreement shall all be governed and construed in accordance with the laws of the State of Kansas, United States applicable to agreements made and to be performed in the State of Kansas, United States. You agree that any legal action or proceeding between MYJOECARD.COM and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction State of Kansas, United States.
Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. MYJOECARD.COM failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. MYJOECARD.COM may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.
12. Advertising Agreement.
The (“Advertiser”) named in the advertising agreement hereby agrees to purchase, and MYJOECARD.COM, LLC (“Publisher”), by its acceptance hereof, agrees to publish advertising on the www.MyJoeCard.com web site listed above in accordance with the terms & conditions hereafter set forth in this Agreement.
Terms & Renewal: This agreement shall automatically be renewed 30 days prior to the end of the agreement period as outlined on Page 1 of this contract unless the Advertiser fails to fulfill terms of this agreement.This agreement is null and void if either party gives written notice of termination 30 days in advance of the renewal date of this agreement.It is agreed that the rate quoted may be for advertising over a twelve consecutive month term. If so, failure to use the number of units specified within the agreement period shall mean that the Advertiser will at the end of the agreement period, pay the difference between the standard rate and the frequency rate as shown in the rate card that was in effect during the period or periods of this agreement, which is incorporated herein by reference and made a part of this agreement. If Advertiser is an agency, advertiser agrees to be jointly and separately liable with its clients for all payments due under and for compliance with the terms and conditions of an insertion order or Ad Agreement signed by the agency on behalf of its clients.
Payment: Advertiser hereby authorizes publication of the advertising specified under the option selected below and agrees to pay for all such advertising in accordance with the schedules designated on page 1. The foregoing not withstanding, if Advertiser does not meet the minimum requirements with respect to any single publication set forth above, the Advertiser agrees to pay for all Advertising published during the term of the agreement at the standard rates set forth in the appropriate Rate Card for the period in which such advertising was published.
Circulation: MYJOECARD.COM, LLC makes every reasonable effort to ensure that the total circulation / traffic continues to grow on it’s web properties; however, Publisher does not guarantee any specific results or volume with regards to traffic to it’s web sites or traffic from selected sites to advertiser’s designated URL (web site address).Advertiser is only obligated to pay a specified rate regardless of increases in traffic unless a specific separate agreement is made between the Publisher and the Advertiser.
Circulation Verification: MYJOECARD.COM, LLC does not track ad responses in a database.An ad response may be recorded when the user selects the displayed advertisement and/or automatically jumps to the Advertiser’s designated URL.The Advertiser, at discretion of MYJOECARD.COM, LLC may receive access to online reports, chronicling the progress of specific campaigns and advertising.
Rates: This agreement is for the initial term outlined on Page 1 of this contract.The rate given by MYJOECARD.COM, LLC is per calendar month beginning on the date payment is received.
Rate Adjustments: No rate adjustments are able to be made during the term of this agreement without consensual agreement from both MYJOECARD.COM, LLC, and the Advertiser.Such agreements must be agreed upon in writing and must present a thirty-day notice of the change to each party.
Terms of Payment: Advertisers must follow these payment terms when advertising with MYJOECARD.COM, LLC: 1) Advertiser will be invoiced by MYJOECARD.COM, LLC at the Annual Rate within three days of completion of advertising agreement. 2) All Payments from the Advertiser to MYJOECARD.COM, LLC, are due upon receipt but within no more than thirty (30) calendar days from the date posted upon the invoice.
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