Privacy Policy and Terms and Conditions

PRIVACY POLICY

Last Updated: August 1, 2020

This Privacy Policy explains how information is collected, used and disclosed by us (Merchant) with respect to your access and use of our services through our websites and applications. This Privacy Policy doesn’t apply to any third-party websites, services or applications that can be accessed through our services.

Any information that is collected is subject to the Privacy Policy in effect at the time such information is collected. We may, however, modify and revise our Privacy Policy from time-to-time. If we make any material changes to this policy, we will notify you of such changes by posting them on our website, and we will indicate when such changes will become effective. The new privacy policy will apply to all current and past users of our website, mobile app, or other services, and will replace any inconsistencies in prior policies. By continuing to access or use our services after those changes become effective, you are agreeing to be bound by the revised policy.

Information You Provide

We will collect the personal information (like your name, email address, phone number) you provide when you register for an account and additional information (like billing information) you provide in connection with the purchase of products and/or services through our website. We also collect personal information from you when you make a booking online through our website, on the phone or in-person for services at one of our Merchant salons. We may also maintain a record of your product purchases made on our website or at one of our Merchant salons.

If you create an account using your login from a supported social networking site (like Facebook), we will access and collect the personal information about you that the social networking site allows to be shared (which is based your privacy settings, but may include your name, gender, and profile picture), in order to create your account for you and better personalize your customer experience. We may collect the contact information of your friends (if you choose to connect your friends, contacts and address book information with your account) so that you can contact these people when you use our services or to refer a friend to our services.

We collect personal information you provide from other sources, including Merchant websites, mobile applications, when you call or email us, communicate with us through social media, or when you participate in events or other promotions. This may include, among other things, any photographs or reviews shared with us through social media, the Merchant website, or mobile app. We also may obtain information about you from our parent, affiliate or subsidiary companies, business partners and other third party services and organizations to supplement information provided by you. This supplemental information allows us to verify information that you have provided to Merchant and to enhance our ability to provide you with information about our business, products, and services.

Note regarding children:  We do not knowingly collect personal information from children. If we learn that we have collected personal information of a child under 13, we will take steps to delete such information from our files as soon as possible.

Note regarding international users:  Your information will be transferred to and maintained on computers located in the United States (or any other country where we operate) and processed there – by providing us with your information, you are accepting and agreeing to that transfer

Information We Collect

We automatically collect certain information when you use our services, like the Internet Protocol (IP) address (if using a browser) or a device identifier (if using a mobile device), operating system, the browser type, referring website information, and your location (if you enable this feature). You can enable or disable location services when you use our services at any time, through your browser or mobile device settings. We collect this information through our app or by using “cookies” (a small data file that your browser places on your computer that helps us better understand how you interact with and use our services). Most Internet browsers automatically accept cookies and you can instruct your browser, by editing its options, to stop accepting some types of cookies or to prompt you before accepting a cookie from the websites you visit. For the cookies that your browser may not be able to reject, you may be able to opt out of these technologies by visiting the NAI’s opt out page at http://www.networkadvertising.org.

How We Use the Information We Collect

We use the information we collect to provide our services (or the information you request), to process and complete any transactions, to respond to your inquiries, to personalize and improve our services and your experiences when you use our services, to monitor and analyze usage and trends of our services, to send you messages about the operation and use of our services, to market our products and services or those of our business partners to you via email and postal mail or via phone calls, and for the purpose for which the information was collected. For example, when you provide your email address during registration, we may sign you up for our email newsletter.

Opt Out of Communications

If you wish to opt-out from promotional emails or similar communications, please unsubscribe via the link provided in the email. If you wish to unsubscribe from postal mail communications, please email us at info@accwholesale.net with your full name, mailing address, the merchant, and email address and tell us which information you do not want to receive. We will take steps to remove you from our communications. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding Merchant and our services and you will not be able to opt out of those communications (e.g., communications regarding updates to our Terms of Service or this Privacy Policy).

Information We Share With Others

We may share your information as described in this Privacy Policy (e.g., with our third-party service providers; to comply with legal obligations; to protect and defend our rights and property) or with your permission.

We may share information about you in anonymous and/or aggregated form with third parties for industry analysis, demographic profiling, research, marketing, analysis and other similar purposes.

Your information may be accessed and used by our service providers who are working with us in connection with the operation of our services (these service providers may have access to your information but only to the extent necessary to perform services on our behalf and are obligated not to disclose that information or use it for any other purposes).

We may share your information (including personal information) with third parties for their advertising and marketing purposes. These third parties may contact you in order to provide you with information about their products and services that you may find useful. If you prefer that we do not share your information with these third parties, you may contact us at directly or at info@accwholesale.net with your request as stated above under “Opt-Out of Communications”.

We may share information about you if we are (or if we believe we are) required by law or legal process (such as a subpoena, warrant or court order), if we have to respond to a lawful request from legal authorities to disclose such information, or if we need to enforce or apply this Privacy Policy, our Terms or our other policies.

We may transfer and/or provide information about our users in connection with an acquisition, sale of company assets, or other situations where user information would be transferred as one of our business assets.

Advertising and Analytics Services Provided by Others

We may enable third parties to collect usage analytics about our services. These third parties may place their own cookies on your device to collect traffic and activity data in order to deliver us relevant metrics and information. We may share anonymous or aggregated information about our users with them to help improve our services. The collection of this data by these third parties is subject to their own privacy policy.

We use Google Analytics to learn more about our users’ and customers’ experience on our website. This includes collecting some demographic information about our customers and users. We will only use this information to build a better product for our customers and users. This information is collected in aggregate and will never be associated with identifying information. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.

From time to time, we may establish a relationship with select business partners, where we rent, exchange, share and/or cross reference information, including contact information about you that will help these partners to contact you regarding products and services that may be of interest to you. To serve you better, we may combine (i) information we receive from you through online cookies and other technologies with other de-identified data (such as hashed, non-readable email or postal addresses), (ii) publicly available information, and (iii) information we receive from cross-references with these partners, to help us enhance and personalize your shopping experience. To learn more about targeted advertising, these providers, or how you may opt out, please visit the DAA’s consumer choice page at http://www.aboutads.info/choices.

We allow third party companies to serve ads and/or collect certain anonymous information (e.g., click stream information, browser type, time, etc.) when you visit our website, which allows us and our partners to provide advertisements about products and services likely to be of interest to you. These companies typically use a cookie or 3rd party web beacon to collect this information. Our systems do not recognize “Do Not Track” signals, but most of these companies who utilize these cookies or beacons on our website enable you to opt out of this behavioral advertising. To opt out of advertising that uses technologies such as cookies to serve you with personalized ads, please email us directly.

We may share your personally-identifiable information, including your name, address, email address, as well as a record of any transactions you conduct on our website or offline with us with a third-party advertising partner and its service providers in order to deliver to you banner advertisements and other advertising tailored to your interests when you visit certain websites. Our advertising partner will make the data we provide anonymous. To learn more about the use of this information or to make choices about receiving personalized advertising provided by third parties, please visit the Network Advertising Initiative at http://www.networkadvertising.org/.

 

How to Access Your Information

If you have an account, you can access and modify the information you provided us through your account. If you cancel your account, then your account will become deactivated and you will not be able to access our services through your account. We may retain an archived copy of your information as required by law or for other legitimate record keeping purposes.

Security Measures We Take To Protect Your Information

We employ physical and electronic measures designed to protect your information from unauthorized access, however, despite these efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. In the event that your personal information is compromised as a result of a breach of security, we will promptly notify you if your personal information has been compromised, as required by applicable law.

Links to Other Services and Websites

Our services may contain links to other services and websites operated by third parties. Any information you provide to those services and websites is provided directly to the owner of that service or website and is subject to their own terms, data gathering practices and privacy policy. Our Privacy Policy does not apply to these services and websites and we are not responsible for the privacy and security practices of those services and websites.

Please contact us if you have any questions about our Privacy Policy.

For California Residents:

California residents have certain rights with respect to their personal information, as described below..

Right to Opt-Out of the “Sale” of Your Personal Information: Like many websites, we use cookies and other technologies to collect data about your browser, device and location, as well as your IP address, device ID or similar online identifier. We share this information with third parties such as analytics companies, social networks, advertising networks and marketing companies to help us personalize content you see on our website, advertising you see after you’ve visited our website, and marketing we may send to you. The California Consumer Privacy Act (“CCPA”) considers our sharing of that information with these parties to be a “sale.” You may request to opt-out of our sharing your personal information with these third parties using Do Not Sell My Personal Information or the methods provided below.

Right to Know and Access Information: You may access personal information we maintain about you using the methods provided below. If we grant your request, we will provide you with a copy of the personal information we maintain about you in the ordinary course of business. This may include what personal information we collect, use, or disclose about you. We may not fulfill some or all of your requests to access as permitted by applicable law.  

Right to Deletion of Information: You may request that we delete your personal information. Depending on the scope of your request, we may refrain from granting your request, as permitted by applicable law. For example, we may be legally required to retain your information in our business records. You may submit a deletion request using the methods provided below.

Authorized Agent: California residents may use an authorized agent on their behalf to exercise the above privacy rights. If you are an authorized agent acting on behalf of a California resident to communicate with us or to exercise a privacy right discussed above, you must be able to demonstrate that you have the requisite authorization to act on behalf of the resident and have sufficient access to their laptop, desktop, or mobile device to exercise these rights digitally.  If you are an authorized agent trying to exercise rights on behalf of a user, please contact us at the contact information below with supporting verification information, which includes a valid Power of Attorney in the State of California, proof that you have access to the consumer’s interface, and proof of your own identity. 

To Exercise Your Rights

To exercise the rights described above, please go here or contact us using the information below. Should you have any questions or concerns regarding your California rights or this privacy policy, you may contact us. Before we fulfill your requests, we will take steps to verify your identity in order to prevent unauthorized access to your data.

Please note that your exercise of the above rights is subject to certain exemptions to safeguard the public interest and our interests (such as maintaining legal privilege). We will try to comply with your request as soon as reasonably practicable. Requests to exercise these rights may be granted in whole, in part, or not at all, depending on the scope and nature of the request and applicable law.  Where required by applicable law, we will notify you if we reject your request and of any reasons we are unable to honor your request.  

Non-discrimination: We shall not discriminate or otherwise penalize anyone for exercising their rights under this Privacy Policy.

For more information on our privacy practices, please review our full Privacy Policy.

Categories of Consumers’ Personal Information We Collect:

When you visit our website we will collect:

  • Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with our website site, application, or advertisement.
  • Geolocation data.
  • Identifiers such as your IP address.

 

If you participate in certain optional website features, we may also collect:

  • Identifiers such as your full name, email address and phone number, and optionally, your photo, postal address, and billing information.
  • Categories of personal information described in subdivision (e) of California Business and Professions Code Section 1798.80 are your name, physical characteristics or description, address, telephone number, credit card number, debit card number.
  • Commercial information, including records of products and services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
  • Inferences drawn from any of this information to create a profile reflecting your preferences, characteristics, preferences, predispositions.

 

When you visit our stores, if you make a purchase we will collect:

  • Identifiers such as your full name, postal address, and billing information.
  • Categories of personal information described in subdivision (e) of California Business and Professions Code Section 1798.80 are your name, physical characteristics or description, address, telephone number, credit card number, debit card number.
  • Commercial information, including records of products and services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

 

Categories of sources from which the Personal Information is collected:

We collect Personal Information from:

  • You, as a consumer, visitor to our store or user of our website.
  • Consumer data resellers.

 

Business or commercial purpose for collecting or selling Personal Information:

We collect your Personal Information to provide the website and in store experience and for the following business purposes:

  • Auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
  • Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
  • Debugging to identify and repair errors that impair existing intended functionality.
  • Sending you marketing information.
  • Short-term, transient use such as contextual customization of ads shown as part of the same interaction. 
  • Maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments. 
  • Undertaking internal research for technological development and demonstration.
  • Maintaining the quality of our service and to improve, upgrade, or enhance our service.

 

Categories of third parties with whom we share Personal Information:

  • Analytics or website behavior tracking.
  • Social media networks.
  • Behavioral advertising targeting Marketing and advertising companies.
  • Remarketing companies.
  • Consumer data sellers.
  • Audience matching companies.
  • Advertising agencies.
  • Data science agencies.

Specific pieces of Personal Information we collect:

When you visit our website:

  • IP address, device ID and unique identifier.
  • Session and browsing information.
  • Geolocation data sufficient to identify your zip code.
  • Interaction with our advertising.

If you participate in certain optional website features or make a purchase in our store:

  • First and last name, email address, phone number, photo.
  • Postal address, billing address, credit card details.
  • Products and services purchased and your purchase history.
  • Products and services recommended.
  • Inferences drawn from any of this information to create a profile reflecting your preferences, characteristics, preferences, predispositions.

Categories of Personal Information Disclosed for Business Purposes

We may have disclosed the following categories of consumers’ personal information for business purposes:

Categories of Personal Information Sold

We may have sold the following categories of consumers’ personal information:

  • Name and Other Identifiers such as real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
  • Geolocation Data.
    • Name and Other Identifiers such as real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
    • Transaction History such as records of transactions you conduct on our website or offline.
    • Network Activity Information including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.
    • Geolocation Data.
    • Inferences Drawn from any of the information above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

 

Example of a cookie

Cookie settings, such as length and expiration, are largely determined by your configuration. Cookies are not used externally (3rd party) for any purpose. They are specific to your site and allow for personalization based on your visitor’s interaction with your site.

 

TERMS OF SERVICE

Last Updated: August 14, 2020

Welcome to JP Technologies, LLC website located at www.jptechnologiesllc.com the associated websites and others (the “Site”). Please read these Terms of Service (the “Terms”) carefully because they govern your use of our Site and our mobile device application (“App”), as well as use of our services when you visit one of our JP Technologies, LLC applications. To make these Terms easier to read, the Site, our services, products, JP Technologies, LLC products and services, and App are collectively called the “Services.”

AGREEMENT TO TERMS

Certain features of our Services may be subject to additional guidelines, terms, or rules, which will be posted with those features, and are incorporated herein (“Supplemental Terms”). By using our Services, you agree to be bound by these Terms (including any Supplemental Terms and any Requirements (as defined below)). If you don’t agree to these Terms, do not use the Services.

CHANGES TO TERMS OR SERVICES

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site, via the App and/or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site or via the App, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

WHO MAY USE THE SERVICES

ELIGIBILITY

You may use the Services only if you are 18 years or older and capable of forming a binding contract with JP Technologies, LLCand are not barred from using the Services under applicable law. As long as you comply with these Terms, you may view and use our Services for your personal, non-commercial purposes. No other use of our Service is authorized.

REGISTRATION AND YOUR INFORMATION

If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the Site or App or through your account with certain third-party services such as: Facebook, Amazon, Instagram, Pinterest and Twitter (each, a “TPS Account”). If you choose the TPS Account option we’ll create your Account by extracting from your TPS Account certain personal information such as your name and email address and other personal information that your privacy settings on the TPS Account permit us to access. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

PURCHASES AND AUTO DELIVERY

We may sell products and services via the Services, which will be posted on the Services, with the applicable price. We may change these prices at any time and reserve the right to do so. We will charge the default payment method or any other payment method we have on file for your Account (e.g., credit card) for the applicable products and/or services purchased via your Account. We will also charge you for any applicable shipping charges. If applicable, shipping charges which will be disclosed to you prior to your purchase. Title and risk of loss pass to you upon our transfer of the products to a common carrier. We will also charge you for any applicable sales, use or other taxes. All amounts are payable and charged at the time your order is placed. Our charges do not include any charges from your mobile carrier (e.g. data and messaging plans), which you are responsible for paying to your carrier. All payments made to us for products and services are non refundable, except at the sole discretion of JP Technologies, LLC. 

You may place a recurring order for a product or service via the Services. If you do so, we will charge your Account the first time you place this order, and then at the frequency thereafter that you choose depending on the product and/or service you purchase until you cancel this recurring order. You must cancel your auto delivery before it renews to avoid the billing of the next order. You will not receive a refund for any partial month cancellation. For further information, see our website at JP Technologies, LLC.

 

If we cannot collect amounts owing to us due to credit limits on your credit card or any other reason, you will not receive the product or service ordered. In addition, we may terminate your access to and use of the Services and avail ourselves of any other available remedy. For information on order processing and shipping, please see our website at JP Technologies, LLC.

 

ACCOUNT CREDITS & GIFT CARDS

From time to time JP Technologies, LLC may place promotional codes and/or credits in your account or send them to you via email or other means of communications. These promotional credits can be used to purchase items featured on our site. These credits are not redeemable for cash or refunds, or for certain items on our site that may be excluded. At JP Technologies, LLC sole discretion, these promotional credits may be removed or reduced for any reason. In addition, JP Technologies, LLC reserves the right to cancel a promotion at any time and for any reason. Unless otherwise stated, credits expire six months from the date they are granted.

 

JP Technologies, LLC offers E-Gift Cards for purchase. E-Gift Cards never expire and carry no fees. E-Gift Cards can only be used to purchase eligible goods and services on JP Technologies, LLC and are not returnable or exchangeable after purchase (except as required by law).

FEEDBACK

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

PRIVACY POLICY

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.

CONTENT AND CONTENT RIGHTS

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.

CONTENT OWNERSHIP, RESPONSIBILITY AND REMOVAL

JP Technologies, LLC does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, JP Technologies, LLC and its licensors exclusively own all rights, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

RIGHTS IN USER CONTENT GRANTED BY YOU

By making any User Content available through Services you hereby grant to JP Technologies, LLC a non-exclusive, transferable, sub-licenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other users and also in connection with advertising our products and services.

 

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by JP Technologies, LLC on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

RIGHTS IN CONTENT GRANTED BY JP Technologies, LLC

Subject to your compliance with these Terms, JP Technologies, LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

RIGHTS AND TERMS FOR APPS

RIGHTS IN APP GRANTED BY JP Technologies, LLC

Subject to your compliance with these Terms, JP Technologies, LLC grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. JP Technologies, LLC reserves all rights in and to the App not expressly granted to you under these Terms.

ADDITIONAL TERMS FOR APP STORE APPS

If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.

 

If you accessed or downloaded the App from any app store or distribution platform (like the Apple Store, Google Play or the Amazon Appstore) (each, an “App Provider”), then you acknowledge and agree that:

 

In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, JP Technologies, LLC will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

  • These Terms are concluded between you and JP Technologies, LLC, and not with App Provider, and that, as between JP Technologies, LLC and the App Provider, JP Technologies, LLC, is solely responsible for the App.
  • App Provider has no obligation to furnish any maintenance and support services with respect to the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of JP Technologies, LLC.
  • App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
  • You must also comply with all applicable third-party terms of service when using the App.
  • You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

GENERAL PROHIBITIONS AND JP Technologies, LLC ENFORCEMENT RIGHTS

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
  • Use, display, mirror or frame the Services or any individual element within the Services, JP Technologies, LLC name, any JP Technologies, LLC trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without JP Technologies, LLC express written consent;
  • Access, tamper with, or use non-public areas of the Services, JP Technologies, LLC computer systems, or the technical delivery systems of JP Technologies, LLC providers;
  • Attempt to probe, scan or test the vulnerability of any JP Technologies, LLC system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by JP Technologies, LLC or any of JP Technologies, LLC providers or any other third party (including another user) to protect the Services or Content;
  • Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by JP Technologies, LLC or other generally available third-party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a JP Technologies, LLC trademark, logo URL or product name without JP Technologies, LLC express written consent;
  • Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

DMCA/COPYRIGHT POLICY

JP Technologies, LLC respects copyright law and expects its users to do the same. It is JP Technologies, LLC policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide JP Technologies, LLC designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Sites;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • Your name, address, telephone number and email address (if available); and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

 

Send such written information to Accounting, PO Box 645, Norcross, GA 30091. 

LINKS TO THIRD PARTY WEBSITES OR RESOURCES

The Services may contain links to third-party websites or resources, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under our control and we are not responsible for any Third Party Sites & Ads. We provide these Third Party Sites & Ads only as a convenience and are not responsible for the content, products or services on or available from those Third Party Sites & Ads. You acknowledge sole responsibility for and assume all risk arising from, your use of any Third Party Sites & Ads. We may also work with advertising partners that may deliver advertisements to you on or off our Site based on your activities on the Site or within the Services.

TERMINATION

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by logging into your Account on www.JP Technologies, LLC.com and following the prompts for cancellation. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

WARRANTY DISCLAIMERS

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Services or any Content. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES.

INDEMNITY

You will indemnify, defend and hold harmless JP Technologies, LLC and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, (iii) your violation of these Terms or any applicable law.

LIMITATION OF LIABILITY

NEITHER JP Technologies, LLC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JP Technologies, LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL JP Technologies, LLC TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO JP Technologies, LLC FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO JP Technologies, LLC, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JP Technologies, LLC AND YOU.

 

Dispute Resolution

GOVERNING LAW

These Terms and any action related thereto will be governed by the laws of the State of Geogia, USA without regard to its conflict of laws provisions.

AGREEMENT TO ARBITRATE

You and JP Technologies, LLC agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by confidential binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and JP Technologies, LLC are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and JP Technologies, LLC otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

ARBITRATION RULES

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

ARBITRATION PROCESS

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

ARBITRATION LOCATION AND PROCEDURE

Unless you and JP Technologies, LLC otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and JP Technologies, LLC submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

ARBITRATOR’S DECISION

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. JP Technologies, LLC will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

FEES

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, JP Technologies, LLC will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

CHANGES

Notwithstanding the provisions of the “Changes to Terms of Service” section above, if JP Technologies, LLC changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to info@technologieshq.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of JP Technologies, LLC email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and JP Technologies, LLC in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

GENERAL TERMS

These Terms constitute the entire and exclusive understanding and agreement between JP Technologies, LLC and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between JP Technologies, LLC and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

 

You may not assign or transfer these Terms, by operation of law or otherwise, without JP Technologies, LLC prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. JP Technologies, LLC may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

Any notices or other communications provided by JP Technologies, LLC under these Terms, including those regarding modifications to these Terms, will be given: (i) by JP Technologies, LLC via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

 

JP Technologies, LLC failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of JP Technologies, LLC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

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CONTACT INFORMATION

If you have any questions about these Terms or the Services, please contact us at: info@TechnologiesHQ.com
You can also text us for support requests +1 404 dot 726 dot 8902