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This website, www.jacorinc.com (“Site”) is owned and operated by JaCorInc., a Wisconsin corporation (“JaCor” or “Company”). Please carefully read theseterms and conditions (“Terms and Conditions”) before accessing this Internet site. BY ACCESSINGTHIS SITE, DOWNLOADING ANY AVAILABLE INFORMATION FROM THE SITE, OR ACCESSING ANY ONLINE APPLICATION OWNEDAND OPERATED BY JACOR THAT LINKS TO THESE TERMS AND CONDITIONS, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMSAND CONDITIONS:
JaCor reserves the right to change the Terms and Conditions of Use and otherguidelines or rules posted on the Site and the Application, including its Privacy Policy, which is herebyincorporated by reference, from time to time at its sole discretion. Your continued use of the Site aftersuch notice has been posted constitutes your acceptance of the changes. You should periodically check theseTerms of Use to view the then current terms.
The person accessing or using the Site, whether or not registered for an account(“you”), may simply browse the Site, or you may register and create an account(“Account“). You must have an Account to use JaCor’s full range of Site services. If JaCorbelieves or suspects that any information you provide on the Site that is not true, accurate, current orcomplete, JaCor may deny or terminate your access to the Site (or any portion thereof).
The content of the Site (including but not limited to text, images and audiovisualelements) are in its entirety the sole and exclusive property of JaCor by virtue of the Copyright Act. Allrights reserved. Reproduction, transfer, distribution or storage of part or all of the content in any formwithout the prior written permission of JaCor is prohibited, apart from the exceptions mentioned in theseterms and conditions.
The JaCor logotype, the corporate symbol therein as well as registered andunregistered brand names, product names and other possible intellectual property rights and intangibleassets are the property of JaCor. The logotypes, the corporate symbols therein as well as registered andunregistered brand names, product names and other possible intellectual property rights and intangibleassets of subsidiaries and associated companies are the property of JaCor and/or its subsidiaries orassociated companies. Access to our the Site cannot indirectly or otherwise be construed as conferringlicensing or other rights to use any brand shown on the Site without prior written consent by JaCor.
JaCor permits you to store on your computer or print extracts from these pages, butonly for your private use. The content of the JaCor available on the Site may be used for informationpurposes only and in such a manner that does not harm the reputation of JaCor. Information provided on thisSite must not be modified without the written permission of JaCor. Individual documents on our The Site maybe subject to additional terms indicated in those documents. You must not transfer the materials to anyother person unless you give them notice of, and they agree to accept, the obligations arising under termsand conditions of use.
You represent and warrant that you will use the Site in compliance with thisAgreement, including the laws and provisions controlling this Agreement and to comply with allexisting and future Site policies and rules. If you breach any of the Terms of Use, your authorization to use the Site automatically terminates, and any materials downloaded or printed from the Site or the Application in violation of the Terms of Use or the Privacy Policy must be immediately destroyed. You agree-that you will not use the Site to transmit spam or unsolicited communications, pretend to be JaCor or someone else, forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site, misrepresent your affiliation with a person or entity, act in a manner that negatively affects other users’ ability to use the Site, engage in activities that would violate any applicable law, post or transmit any material which violates or infringes in any way upon the rights of others or which is unlawful, abusive, defamatory, vulgar or otherwise objectionable or which contains any advertising or solicitation with respect to products or services or collect or store personal data about other users unless specifically authorized by suchusers. If you do not comply with the aforesaid, you may not use the Site and JaCor reserves all its legal rights in relation to such non-compliance.
The content of the JaCor Site is provided ‘as it stands’. JaCor gives nowarranty of any kind, either express or implied, in relation to the accessibility, correctness, accuracy,reliability or content of information on these pages or attainable through them. JaCor does not warrant thatthe Site or the server that makes them available are free of viruses or other harmful components. JaCorreserves the right to change the pages or withdraw access to them at any time without separateannouncement.
JaCor shall not be liable in any manner whatsoever for direct, indirect, incidental,special or consequential damages, losses, expenses or loss of profits related to the fact that you haveaccessed JaCor the Site or pages linked to them, that you have not been able to access information on thesepages or that you have used or tried to use information on the pages. JaCor, furthermore, shall not beliable for direct or indirect damages related to disruption, omission, interruption, defect, delay inoperation or transmission, computer virus or line or system failure, even if JaCor or its representativesare advised of such damages, losses or expenses. JaCor liability, if any, is limited to and will not exceedthat compelled by US law.
JaCor assumes no responsibility for material owned, created or published bythird-parties to which there is a link from the Site. When linking to a third-party site, you shall reviewand agree to the site’s terms of use, if any, before using the site. A link to a non-JaCor site doesnot imply that JaCor endorses the site or the products or services mentioned on the site. When submittingmaterial to us, e.g. by e-mail or through our Site, you agree to the following terms: (1) You make thematerial available knowing that we may publish it. (2) You warrant that the material will not contain anyitem that is unlawful or otherwise unfit for publication. You further warrant that you shall not provide anyinformation or materials to JaCor that is defamatory, threatening, obscene, harassing, or otherwise unlawfulunder whatever applicable law. (3) You affirm that the material is your own or that you have unlimited rightto provide it to us and that we may publish the material and/or incorporate it or any parts thereof in ourproducts without accountability or liability to pay compensation.(4) Before sending the material, you takereasonable precautions to find and remove any viruses or other contaminating or destructive features. (5)You agree to compensate us for any damages in the event that a third-party takes action against us inconsequence of the material you send. (6) You agree not to make any demands on the basis of the material yousend or take any action against us in consequence of the material you send. JaCor does not check thecontents of the material sent by the users of its Site and is not responsible for that material. JaCor canat its own discretion at any time remove material sent by its users from its Site. (7) By providing any suchinformation or materials to JaCor, you fully assign and transfer to JaCor all intellectual property rightsin and to such information and materials and JaCor is thereby free to use, reproduce, display, publiclyperform, transmit, distribute, modify assign, and license such information and materials, and you furtheragree that JaCor is free to use any ideas, concepts or know-how that you or individuals acting on yourbehalf provide to JaCor. JaCor reserves the right to, in its sole discretion, removes any informationprovided by you from the Site.
Although care has been taken to ensure the accuracy of the information on this Site,JaCor assumes no responsibility therefore. The materials may contain inaccuracies and typographical errors.JaCor does not warrant the accuracy or completeness of the materials or the reliability of any advice,opinion, statement or other information displayed or distributed through the site. You acknowledge that anyreliance on any such opinion, advice, statement, memorandum, or information shall be at your solerisk.
You may not assign any rights granted to you or delegate any of your duties hereunderand any attempt to do so is void and of no effect. JaCor may assign its rights or delegate its duties underthese Terms of Use partially or in their entirety to any party without notice to you.
In the event that any provision of these Terms of Use is determined invalid orunenforceable by any court of competent jurisdiction, the remaining provisions shall remain in full forceand effect. These Terms of Use contain the entire understanding and agreement between the parties withrespect to the subject matter herein and supersedes any and all other agreements between the parties,whether oral or in writing.
Any failure or delay by JaCor to enforce its rights under these Terms of Use shall not constitute a waiver unless such waiver is made in writing.
The Terms of Use and the relationship between you and JaCor will be governed by the laws of the State of Wisconsin, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. You consent to personal jurisdiction and venue in and agree to service of process issued or authorized by, any court located in the United States District Court for the Western District of Wisconsin and the Wisconsin Circuit Court for Dane County.
You acknowledge that JaCor has the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder.
All content is provided “as is” and “as available”. JACOREXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUTLIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THEOPERATION OF THIS SITE OR THE CONTENT. JACOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITYOF THIS SITE. You acknowledge any information sent may be intercepted. JaCor does not warrant that the Siteor the servers which make this site available or electronic communication sent by JaCor are free fromviruses or any other harmful elements. All such representations, warranties and conditions, are excludedexcept to the extent that law prohibits their exclusion.
IN NO EVENT SHALL JACOR BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE,SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT,REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITHTHE USE OF, OR INABILITY TO USE THIS SITE OR THE CONTENT OR OUT OF OR IN CONNECTION WITH THIS AGREEMENT,EVEN IF JACOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ADDITION TO THE TERMS SET FORTH HEREIN,IN NO EVENT SHALL JACOR BE LIABLE FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS OR UNTIMELINESSOR UNAUTHENTICITY OF ANY INFORMATION CONTAINED IN THIS SITE.
You agree to defend, indemnify, and hold JaCor harmless from and against any claims,actions, demands, or damages, including, without limitation, reasonable legal and accounting fees, arisingout of or resulting from your breach of these Terms of Use, or your access to, use or misuse ofJaCor’s Site or the content thereof. JaCor shall give you notice of any such claim, suit orproceeding. JaCor reserves the right to assume exclusive defense and control of any matter, which is subjectto indemnification under this section. In such event, you agree to cooperate with any reasonable requestassisting JaCor’s defense of such matter.
You hereby release JaCor, its owners, officers, employees, agents and successors fromclaims, demands, any and all losses, damages, rights, claims, and actions of any kind including, withoutlimitation, personal injuries, death, and property damage, that is either directly or indirectly related toor arises from your use of the Site.