Terms and Conditions of Use
JACOBUS ENERGY, LLC
Modified: February 11, 2019
ACCEPTANCE OF THESE TERMS OF USE
These terms of use (“Terms of Use”) are entered into by and between you and Jacobus Energy, LLC (“Jacobus,” “we,” “our” or “us”). These Terms of Use govern your access to and use of any affiliated website that contains a link to these Terms of Use (the “Sites”) including any content, functionality, services and products offered on or through the Sites and any mobile app that links to these Terms of Use (the “App”) (collectively, the “Services”).
Please read these Terms of Use carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Use. If you do not agree with these Terms of Use and the privacy policy (“Privacy Policy”), you must not access or use the Services.
The Services are only offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to accept these Terms of Use as a binding contract with Jacobus and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
CHANGES TO THESE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in the “GOVERNING LAW AND JURISDICTION” section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Services.
Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. Additionally, when we make a material change to these Terms of Use, we will post a notice on the Services.
TERMINATION/EXCLUSION
You understand that the Services are provided as a courtesy to you and that we may modify, suspend, or terminate all or a portion of the Services at any time in our discretion without prior notice to you. We reserve the right, in our sole discretion, to revoke, terminate, or suspend any privileges associated with use of the Services or failure to comply with these Terms of Use, and to take any other action we deem appropriate. You agree that Jacobus shall not be liable to you or any third party for any termination of your access to the Services.
YOUR ACCESS AND USE OF THE SERVICES AND YOUR ACCOUNT(S)
Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Services for lawful purposes and pursuant to the terms and conditions of these Terms of Use and the Privacy Policy. When using the Services, you must ensure that you are using a secure server.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Jacobus, in its sole discretion, may elect to take.
You Must Maintain the Integrity of Your Information. To use the Services, you may be required to provide Jacobus with information about you or your organization, if you have proper authorization to do so (“Personal Information”). If you provide Personal Information to Jacobus, then you agree to provide true, current, complete, and accurate information, and to not misrepresent your identity. You also agree to keep Personal Information current, and to update your Personal Information if any of it changes. Jacobus’ collection, use, and disclosure of Personal Information are governed by these Terms of Use and its Privacy Policy.
You Must Maintain the Security of Any Password Issued to You. Access to the Services may be account-based. To access and/or use the Services, you may be required to register an account and create a password or log in to an account created for you. It is your responsibility to maintain the security of passwords and log-in information, prevent access to the Services by unauthorized persons and immediately change any password provided to you by a third party. If you provide any information that is untrue, inaccurate, outdated or incomplete, or Jacobus has reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, Jacobus has the right to suspend or terminate your account and refuse any and all current or future use of the Services or any portion thereof. You agree that Jacobus shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password or account.
INTELLECTUAL PROPERTY RIGHTS
The Services and their entire contents, features, and functionality including, but not limited to, all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof are owned by Jacobus, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any the material on our Services, except as follows:
If you print, copy, modify, download, use, or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Jacobus. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
TRADEMARKS/SERVICE MARKS, LOGOS, SLOGANS, AND TAGLINES
All trademarks, service marks, logos, slogans, and taglines displayed on or through the Services are property of Jacobus or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans, or taglines displayed on or through the Services without the express written permission of Jacobus, or such third party that may own the trademark, service mark, logo, slogan, or tagline.
SUBMISSIONS
Jacobus is always interested in hearing from you regarding our services, products and Services, or questions or comments about our Services. However, unless we directly ask you for a submission in some form, please do not submit to us ideas, notes, drawings, concepts or other information (collectively, “Submissions”).
When you submit either solicited or unsolicited Submissions, you grant Jacobus a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.
PROHIBITED USES
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to access or use the Services in any unlawful way or for an unlawful or illegitimate purpose, including without limitation in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries.) You shall not post or transmit via the Services (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful to any person; (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity of others; or (d) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
You shall not attempt to disrupt the operation of the Services in any manner, including through the use of methods such as denial-of-service attacks, flooding, or spamming, and you will not transmit, distribute, introduce, or otherwise make available in any manner through the Services any computer virus, keyloggers, spyware, worms, Trojan horses, time bombs, or any other malicious or harmful code. You shall not use the Services in any manner that could damage, disable, or impair our Services or networks. You shall not attempt to gain unauthorized access to any computer systems or networks, through hacking, password mining, or any other means. You shall not use any robot, scraper, or other means to access the Services. Furthermore, you shall not impersonate or attempt to impersonate Jacobus, a Jacobus employee, another user, or any other person or entity, or engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Jacobus or the users of the Services or expose them to liability.
CORRECTION OF ERRORS AND INACCURACIES
The content of the Services, including but not limited to text, pricing, availability and descriptions may contain errors and inaccuracies, and may not be complete or current. Jacobus reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
COOPERATION WITH LAW ENFORCEMENT
We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any posting materials on or through the Services. YOU WAIVE AND HOLD HARMLESS JACOBUS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER JACOBUS, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
THIRD PARTY WEBSITES AND INTERACTIONS
Our Services may contain links to third party websites. Please be aware, however, that we do not control or monitor such third party websites and we are not responsible for any third party websites accessed through the Services. Inclusion of, linking to or permitting the use or installation of any third party website does not imply that approval or endorsement thereof by us. If you decide to leave the Services and access the third party website, you do so at your own risk and you should be aware that these Terms of Use no longer apply to your usage of such third party websites.
Furthermore, the Services may allow you the opportunity to correspond or engage in business dealings with third party advertisers and suppliers found on or through the Services, including 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 advertiser, supplier or affiliate. You agree that Jacobus shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or suppliers on the Services.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES, OR ANY SERVICES LINKED TO IT. JACOBUS ASSUMES NO RESPONSIBILITY FOR ANY LOSS, DAMAGES, LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, THE INTERNET, OR FOR YOUR MISUSE OF ANY ADVICE, SUBMISSIONS, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE SERVICES.
THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SERVICES AND ANY REFERENCED THIRD PARTY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES ANY SERVICE PROVIDERS INCLUDED ON THE SERVICES. ANY THIRD PARTY SERVICE PROVIDERS ARE SUPPLIED AS A CONVENIENCE TO YOU, AND THE LISTING OF SUCH DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. JACOBUS DISCLAIMS ALL EXPRESSED AND IMPLIED WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
JACOBUS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, OR CONTENT OR IMAGES SUBMITTED OR POSTED ON THE SERVICES IN TERMS OF ITS OWNERSHIP, VALIDITY, CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE, INCLUDING CONTENT AND IMAGES POSTED BY USERS OF THE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JACOBUS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY JACOBUS. IN NO EVENT SHALL JACOBUS, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR DIRECT DAMAGES COLLECTIVELY IN AN AGGREGATE AMOUNT EXCEEDING TEN DOLLARS (US $10.00). THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Jacobus, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorneys’ fees and costs) arising from your access to or use of the Services, your violation of these Terms of Use, or your infringement of any intellectual property or other right of any person or entity.
GOVERNING LAW AND JURISDICTION
All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wisconsin, USA, without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin, in each case located in the City of Milwaukee and the County of Milwaukee. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Furthermore, in addition to such other legal and equitable rights and remedies that may be available to Jacobus, Jacobus shall be entitled to injunctive and other equitable relief without the necessity of proving damages or furnishing a bond or other security regarding a violation of these Terms of Use.
WAIVER AND SEVERABILITY
No waiver by Jacobus of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of any other term or condition, and any failure of Jacobus to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
COPYRIGHT INFRINGEMENT CLAIMS
Jacobus respects the intellectual property rights of others. It is Jacobus’ policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws.
When reporting infringing material to Jacobus (“DMCA Notice”) please provide: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Jacobus to locate the material; (d) information reasonably sufficient to permit Jacobus to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(2)), Jacobus’ designated agent to receive notices and counter notices of claimed infringement is:
Attn: Head of Marketing
11815 West Bradley Road, Milwaukee, WI 53224
If you wish to report infringing materials other than for copyright infringement, please provide as much of the above information as possible. Although Jacobus reserves the right to remove any material that it believes in good faith to be infringing material that is used without authorization by any user of the Services, we are not obligated to do so except in accordance with the Digital Millennium Copyright Act. We also reserve the right to suspend or delete the account of any repeat offender.
ENTIRE AGREEMENT
These Terms of Use, Privacy Policy and any other terms linked on the Services constitute the sole and entire agreement between you and Jacobus regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
YOUR COMMENTS AND CONCERNS
If you have questions, comments, concerns, or feedback regarding these Terms of Use or the Services, please contact Jacobus via any of the methods set forth below:
Attn: Head of Marketing
11815 W. Bradley Road
Milwaukee, WI 53224
19925221.4
JACOBUS ENERGY, LLC
Modified: February 11, 2019
ACCEPTANCE OF THESE TERMS OF USE
These terms of use (“Terms of Use”) are entered into by and between you and Jacobus Energy, LLC (“Jacobus,” “we,” “our” or “us”). These Terms of Use govern your access to and use of any affiliated website that contains a link to these Terms of Use (the “Sites”) including any content, functionality, services and products offered on or through the Sites and any mobile app that links to these Terms of Use (the “App”) (collectively, the “Services”).
Please read these Terms of Use carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Use. If you do not agree with these Terms of Use and the privacy policy (“Privacy Policy”), you must not access or use the Services.
The Services are only offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to accept these Terms of Use as a binding contract with Jacobus and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
CHANGES TO THESE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in the “GOVERNING LAW AND JURISDICTION” section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Services.
Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. Additionally, when we make a material change to these Terms of Use, we will post a notice on the Services.
TERMINATION/EXCLUSION
You understand that the Services are provided as a courtesy to you and that we may modify, suspend, or terminate all or a portion of the Services at any time in our discretion without prior notice to you. We reserve the right, in our sole discretion, to revoke, terminate, or suspend any privileges associated with use of the Services or failure to comply with these Terms of Use, and to take any other action we deem appropriate. You agree that Jacobus shall not be liable to you or any third party for any termination of your access to the Services.
YOUR ACCESS AND USE OF THE SERVICES AND YOUR ACCOUNT(S)
Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Services for lawful purposes and pursuant to the terms and conditions of these Terms of Use and the Privacy Policy. When using the Services, you must ensure that you are using a secure server.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Jacobus, in its sole discretion, may elect to take.
You Must Maintain the Integrity of Your Information. To use the Services, you may be required to provide Jacobus with information about you or your organization, if you have proper authorization to do so (“Personal Information”). If you provide Personal Information to Jacobus, then you agree to provide true, current, complete, and accurate information, and to not misrepresent your identity. You also agree to keep Personal Information current, and to update your Personal Information if any of it changes. Jacobus’ collection, use, and disclosure of Personal Information are governed by these Terms of Use and its Privacy Policy.
You Must Maintain the Security of Any Password Issued to You. Access to the Services may be account-based. To access and/or use the Services, you may be required to register an account and create a password or log in to an account created for you. It is your responsibility to maintain the security of passwords and log-in information, prevent access to the Services by unauthorized persons and immediately change any password provided to you by a third party. If you provide any information that is untrue, inaccurate, outdated or incomplete, or Jacobus has reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, Jacobus has the right to suspend or terminate your account and refuse any and all current or future use of the Services or any portion thereof. You agree that Jacobus shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password or account.
INTELLECTUAL PROPERTY RIGHTS
The Services and their entire contents, features, and functionality including, but not limited to, all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof are owned by Jacobus, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any the material on our Services, except as follows:
- Your computer may temporarily store copies of such material in RAM incidental to your accessing and viewing those materials;
- You may store files that are automatically cached by your web browser for display enhancement purposes;
- By prior express written consent of Jacobus; or
- Reports generated by the QuickNet ® Online Customer Portal specific to your account(s).
If you print, copy, modify, download, use, or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Jacobus. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
TRADEMARKS/SERVICE MARKS, LOGOS, SLOGANS, AND TAGLINES
All trademarks, service marks, logos, slogans, and taglines displayed on or through the Services are property of Jacobus or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans, or taglines displayed on or through the Services without the express written permission of Jacobus, or such third party that may own the trademark, service mark, logo, slogan, or tagline.
SUBMISSIONS
Jacobus is always interested in hearing from you regarding our services, products and Services, or questions or comments about our Services. However, unless we directly ask you for a submission in some form, please do not submit to us ideas, notes, drawings, concepts or other information (collectively, “Submissions”).
When you submit either solicited or unsolicited Submissions, you grant Jacobus a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.
PROHIBITED USES
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to access or use the Services in any unlawful way or for an unlawful or illegitimate purpose, including without limitation in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries.) You shall not post or transmit via the Services (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful to any person; (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity of others; or (d) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
You shall not attempt to disrupt the operation of the Services in any manner, including through the use of methods such as denial-of-service attacks, flooding, or spamming, and you will not transmit, distribute, introduce, or otherwise make available in any manner through the Services any computer virus, keyloggers, spyware, worms, Trojan horses, time bombs, or any other malicious or harmful code. You shall not use the Services in any manner that could damage, disable, or impair our Services or networks. You shall not attempt to gain unauthorized access to any computer systems or networks, through hacking, password mining, or any other means. You shall not use any robot, scraper, or other means to access the Services. Furthermore, you shall not impersonate or attempt to impersonate Jacobus, a Jacobus employee, another user, or any other person or entity, or engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Jacobus or the users of the Services or expose them to liability.
CORRECTION OF ERRORS AND INACCURACIES
The content of the Services, including but not limited to text, pricing, availability and descriptions may contain errors and inaccuracies, and may not be complete or current. Jacobus reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
COOPERATION WITH LAW ENFORCEMENT
We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any posting materials on or through the Services. YOU WAIVE AND HOLD HARMLESS JACOBUS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER JACOBUS, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
THIRD PARTY WEBSITES AND INTERACTIONS
Our Services may contain links to third party websites. Please be aware, however, that we do not control or monitor such third party websites and we are not responsible for any third party websites accessed through the Services. Inclusion of, linking to or permitting the use or installation of any third party website does not imply that approval or endorsement thereof by us. If you decide to leave the Services and access the third party website, you do so at your own risk and you should be aware that these Terms of Use no longer apply to your usage of such third party websites.
Furthermore, the Services may allow you the opportunity to correspond or engage in business dealings with third party advertisers and suppliers found on or through the Services, including 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 advertiser, supplier or affiliate. You agree that Jacobus shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or suppliers on the Services.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES, OR ANY SERVICES LINKED TO IT. JACOBUS ASSUMES NO RESPONSIBILITY FOR ANY LOSS, DAMAGES, LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, THE INTERNET, OR FOR YOUR MISUSE OF ANY ADVICE, SUBMISSIONS, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE SERVICES.
THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SERVICES AND ANY REFERENCED THIRD PARTY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES ANY SERVICE PROVIDERS INCLUDED ON THE SERVICES. ANY THIRD PARTY SERVICE PROVIDERS ARE SUPPLIED AS A CONVENIENCE TO YOU, AND THE LISTING OF SUCH DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. JACOBUS DISCLAIMS ALL EXPRESSED AND IMPLIED WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
JACOBUS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, OR CONTENT OR IMAGES SUBMITTED OR POSTED ON THE SERVICES IN TERMS OF ITS OWNERSHIP, VALIDITY, CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE, INCLUDING CONTENT AND IMAGES POSTED BY USERS OF THE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JACOBUS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY JACOBUS. IN NO EVENT SHALL JACOBUS, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR DIRECT DAMAGES COLLECTIVELY IN AN AGGREGATE AMOUNT EXCEEDING TEN DOLLARS (US $10.00). THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Jacobus, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorneys’ fees and costs) arising from your access to or use of the Services, your violation of these Terms of Use, or your infringement of any intellectual property or other right of any person or entity.
GOVERNING LAW AND JURISDICTION
All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wisconsin, USA, without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin, in each case located in the City of Milwaukee and the County of Milwaukee. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Furthermore, in addition to such other legal and equitable rights and remedies that may be available to Jacobus, Jacobus shall be entitled to injunctive and other equitable relief without the necessity of proving damages or furnishing a bond or other security regarding a violation of these Terms of Use.
WAIVER AND SEVERABILITY
No waiver by Jacobus of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of any other term or condition, and any failure of Jacobus to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
COPYRIGHT INFRINGEMENT CLAIMS
Jacobus respects the intellectual property rights of others. It is Jacobus’ policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws.
When reporting infringing material to Jacobus (“DMCA Notice”) please provide: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Jacobus to locate the material; (d) information reasonably sufficient to permit Jacobus to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(2)), Jacobus’ designated agent to receive notices and counter notices of claimed infringement is:
- via mail: DMCA Notice
Attn: Head of Marketing
11815 West Bradley Road, Milwaukee, WI 53224
- via telephone: 414-359-0700
- via email: marketing@jacobusenergy.com
If you wish to report infringing materials other than for copyright infringement, please provide as much of the above information as possible. Although Jacobus reserves the right to remove any material that it believes in good faith to be infringing material that is used without authorization by any user of the Services, we are not obligated to do so except in accordance with the Digital Millennium Copyright Act. We also reserve the right to suspend or delete the account of any repeat offender.
ENTIRE AGREEMENT
These Terms of Use, Privacy Policy and any other terms linked on the Services constitute the sole and entire agreement between you and Jacobus regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
YOUR COMMENTS AND CONCERNS
If you have questions, comments, concerns, or feedback regarding these Terms of Use or the Services, please contact Jacobus via any of the methods set forth below:
- Via telephone: 414-359-0700
- Via mail:
Attn: Head of Marketing
11815 W. Bradley Road
Milwaukee, WI 53224
- Via email: marketing@jacobusenergy.com
19925221.4