Jubally Solutions Terms of Service Welcome to Jubally Solutions. An online property tax protest and appeal solution.
We reserve the right to modify these Terms of Service at any time by posting a notice on the Site, or by sending you a notice via email or postal mail. Your viewing or using all or any part of the Services or the Site constitutes your assent to such modifications. You shall be responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective immediately upon first posting or notification.
IF YOU DO NOT AGREE WITH EACH AND EVERY TERM OF SERVICE, THEN DO NOT ACCESS THE SITE OR USE THE SERVICES. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICES OR THE SITE, BY DOWNLOADING ANY MATERIALS, OR BY COMPLETING THE REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF SERVICE.
By using the Site or the Services, you (“User,” “You,” “Your“) agree to be bound by the following Terms of Service.
- Protest Services Limited The Protest Services and the purpose for which they are provided are limited to monitoring Your property’s assessment; notifying you of upcoming Protest filing deadlines via email and/or phone; and assisting You with the preparation of a Suggested value Evidence Package and supplying comparable property data based on public and private records to support that application (the “Protest Services”). The Protest Services are fully performed immediately upon Your approval and downloading or printing of the Suggested Value Evidence Package through the Site, and no further Protest Services will be provided to You or on behalf of You, Your property, or Your Suggested Value Evidence Package after that point. In particular, but without limitation, the Protest Services do not include, and Jubally Solutions will not provide, any oral or physical appearance or representation of You or Your property for any purpose before any state, county, municipal, or other governmental entity or taxing authority.
- Personal Use You agree to use the Services for Your personal use only. Subject to the restrictions set forth in the following paragraphs, You may copy information from the Services only as necessary for Your personal use. You agree not to otherwise reproduce, modify, distribute, decompile, disassemble, or reverse engineer any portion of the site or the Services.
- No Government Affiliation Jubally Solutions is not a governmental entity and is not affiliated with any governmental entity. Any resemblance or similarity between Jubally Solutions, the Site, its promotional and marketing materials, or the Services and the name, seal, emblem, or similar symbol, appearance, or attributes of any governmental entity, publications, communications, Web site, or services is unintentional and completely coincidental.
- User Responsibilities The accuracy, performance, and usefulness of the Protest Services are dependent upon numerous factors beyond the responsibility or control of Jubally Solutions, most of which are entirely within Your responsibility and control, including but not limited to the content and quality of Your Submission (defined below), Your uploading of photographs of Your property, Your review, selection, and approval of comparable sales data and other variables, Your timely delivery or service of a completed Suggested Value Evidence Package to all of the proper authorities, Your prompt response to and interaction with Your county assessor or other appropriate official or authority after filing Your application, and Your timely and competent presentation of Your Protest to the appropriate appellate board, panel, court, or other body, if an appearance is required. The decision to file or not to file a Suggested Value Evidence Package prepared with the assistance of the Protest Services is entirely Your own, and it is Your responsibility alone to complete, sign, print, and file Your application in a timely manner and to pursue to a final determination any such application You may choose to file. You are also required to pay the property tax initially assessed regardless of whether and when You have filed an assessment Protest or whether Your Protest is pending, because if Your property taxes are not paid current You may be ineligible to file an assessment Protest or any assessment Protest You file may be dismissed, and You are solely responsible for the timely payment in full of all property taxes and any charges, penalties, and interest that may apply in the event of late payment, underpayment, or nonpayment.
- County Fees Required To File A suggested valueEvidence Package The fee charged by Jubally Solutions’ Protest Services is solely for the Protest Services provided to assist You to prepare a Suggested Value Evidence Package supported by comparable sales data and no portion of the fee we collect will be paid to state, county, or municipal tax assessor, tax collector, or other appropriate authority on Your behalf.
- Multiple Applications May Be Required A separate Suggested Value Evidence Package is required for each assessed parcel of property, so You may have to file more than one application if Your property is composed of more than one separately assessed parcel. In jurisdictions where a fee is required to file a Protest, a separate fee may be charged for each assessed parcel, even if You are permitted to file a single assessment Protest with respect to multiple assessed parcels. A reduction in property valuation or assessment generally will not automatically apply in future years, so You may be required to file another Suggested Value Evidence Package in one or more subsequent years.
- Real Estate or Appraiser Licenses Jubally Solutions is not a licensed real estate broker, agent, or appraiser and does not act as a real estate broker, agent, or appraiser for You or any other user. Any statement or proposal provided through or derived from Your use of the Site or the Services as to the value of Your property for assessment purposes is an estimate and proposal only and is not intended and shall not be deemed to constitute a real estate appraisal of any kind. You may not rely upon any such statement or proposal of value, or any other information provided by or derived from Your use of the Site or the Services to estimate or establish the value of Your or any other property for fair market, re-sale, or any other purpose not directly related to an assessment Protest.
- Appraisals Jubally Solutions is not licensed, certified, qualified, or approved in any state or other jurisdiction to perform the services of a real estate appraiser or attorney at law. The Protest Services are limited to providing users with information about the property tax protest process in states and/or counties where we elect to offer the Protest Services, assisting users to evaluate their real property by supplying comparable real property sales data, and preparing personalized property tax protest report materials for completion and submission by users to the appropriate authorities in their state, county, or municipality. We do not offer, prepare, or provide legal advice, real estate appraisals or valuations, consultation, opinions, or representation, and we are not available or qualified to appear for or with You, or on Your behalf, as an expert witness, appraiser, or attorney, in any property tax protest proceeding or other matter.
- NO GUARANTEE EXCEPT AS EXPRESSLY SET FORTH OTHERWISE IN SECTION 11 BELOW, JUBALLY SOLUTIONS DOES NOT REPRESENT, WARRANT, PROMISE, OR GUARANTEE THAT A SUGGESTED VALUE EVIDENCE PACKAGE PREPARED WITH THE ASSISTANCE OF THE PROTEST SERVICES WILL BE TIMELY OR SUCCESSFUL, THAT THE ASSESSED VALUE OF YOUR PROPERTY OR THE PROPERTY TAX YOU PAY WILL BE REDUCED OR REFUNDED IN ANY AMOUNT OR PROPORTION, OR THAT THE ASSESSED VALUE OF YOUR PROPERTY OR THE PROPERTY TAX YOU PAY WILL NOT BE INCREASED AS A RESULT OF YOUR USE OF THE PROTEST SERVICES, APPLICATION, OR PROTEST.
- Refunds / Cancellations Refunds will not be issued to a user based upon their personal views or opinions of Jubally Solutions or the Services. If, however, You receive no reduction (zero percent reduction) in your tax assessment we will buy back the report in which you purchased from Jubally Solutions that you used as evidence for that property. Each buy back will be calculated out based on the package you purchased. This is contingent on you attending your hearing/s and presenting the evidence package that you have purchased from Jubally Solutions.
- Should Your tax assessment go up, we do not pay You, and we are not liable for any increase. Any refund requires You to submit to Jubally Solutions, within six (6) months after receipt of notification that Your Protest was denied, true, accurate, and complete documentation and evidence of a final tax assessment that demonstrates that the final tax assessment was not lowered from your noticed market value and was not due to a factor outside the reasonable control or knowledge or Jubally Solutions (e.g., a subsequent increase in applicable tax rates). Please be aware that even if Your assessment is successfully reduced, Your property tax bill may increase if applicable rates have increased, and that Jubally Solutions will not make any refunds in such a scenario. If You receive only a partial reduction in Your assessment, Jubally Solutions will not make partial refunds. Please be aware that Jubally Solutions will not make refunds if You: (a) fail to submit Your Protest to the applicable tax authority timely or at all; (b) fail to submit Your Protest to the applicable tax authority with the Jubally Solutions evidence report; or (c) fail to attend any required hearing or appearance with the applicable tax authority. Any exception to this refund policy is the sole discretion of Jubally Solutions.
- Intellectual Property The Services are the property of Jubally Solutions, and subject to the intellectual property rights of Jubally Solutions. All rights reserved.
- NO WARRANTY JUBALLY SOLUTIONS PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. THE DATA PROVIDED BY JUBALLY SOLUTIONS IN CONNECTION WITH THE PROTEST SERVICES CONCERNING SALES OF COMPARABLE PROPERTIES ARE DEEMED ACCURATE BUT NOT GUARANTEED. JUBALLY SOLUTIONS MAKES NO REPRESENTATION OR WARRANTY CONCERNING THE ACCURACY OF SUCH DATA, AND SPECIFICALLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, THAT SUCH DATA ARE ACCURATE, THAT THE REPORTED SALES TRANSACTIONS WERE THE RESULT OF ARMS LENGTH TRANSACTIONS, OR THAT ANY OF THE REPORTED SALES TRANSACTIONS OR AFFECTED PROPERTIES ARE OR WILL BE DEEMED BY TAX PROTEST AUTHORITIES TO BE VALID, USABLE, OR COMPARABLE IN SUPPORT OF YOUR PROTEST OR TO THE PROPERTY THAT IS THE SUBJECT OF YOUR PROTEST. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JUBALLY SOLUTIONS AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. JUBALLY SOLUTIONS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
- EXCLUSIVE REMEDY; LIABILITY LIMITATION IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF SERVICE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST JUBALLY SOLUTIONS OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF SERVICE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. IF AND TO ANY EXTENT THAT SUCH EXCLUSIVE REMEDY IS DEEMED TO BE INVALID OR UNENFORCEABLE IN WHOLE OR IN PART, THEN THE LIABILITY OF JUBALLY SOLUTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND SUPPLIERS, IF ANY, TO ANY USER SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY THE USER TO JUBALLY SOLUTIONS. IN NO EVENT WILL JUBALLY SOLUTIONS OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF SERVICE OR YOUR USE OR JUBALLY SOLUTION’S PROVISION OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
- Changes; Discontinuance Jubally Solutions reserves the right at any time and for any reason to change the Terms of Service, and You are responsible for regularly reviewing these Terms of Service. Your continued use of the Site or the Services after the effective date of such changes will constitute acceptance of and agreement to any such changes. Jubally Solutions may suspend or discontinue the Site or the Services at any time to You and/or to others, without notice.
- Choice of Law; Disputes These Terms of Service are governed by the laws of the State of Texas. You agree to submit to exclusive jurisdiction and venue in the state courts sitting in Brazos County, Texas for any and all disputes, claims and actions arising from or in connection with the Site, the Services and/or these Terms of Service. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys’ fees and expenses.
- General If any part of these Terms of Service are determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service will continue in effect. The section titles in these Terms of Service are solely used for the convenience of the parties and have no legal or contractual significance. Jubally Solutions may assign this Agreement, in whole or in part, at any time with or without notice to You. You may not assign these Terms of Service, or assign, transfer, or sublicense Your rights, if any, in the Services. Jubally Solution’s failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein or elsewhere in the Services, these Terms of Service constitute the entire agreement between You and Jubally Solutions with respect to the Services and supersede all prior or contemporaneous communications of any kind between You and Jubally Solution with respect to the Services.
- Third-Party Data You understand and agree that the Services provided by Jubally Solutions are based upon on property and tax data supplied by various third parties, including the government. The information obtained by Jubally Solutions from third-party sources is deemed reliable but its accuracy and completeness is not guaranteed and has not been independently verified by Jubally Solutions. By using the Services, You assume all risks related to or arising from the source, quality, and potential inaccuracy or incompleteness of such third-party data. The data provided by Jubally Solutions with respect to sales of comparable properties is provided by a vendor and Jubally Solutions does not have direct access to property cards or other tax records that might disclose additional information or limitations as to the viability of reported sales as comparables for purposes of property tax Protests. It is Your responsibility to verify the nature and details of sales transactions which You intend to use as comparables in support of Your Protest to determine if they have features or attributes that would impair their usability or usefulness as sales of comparable properties. Among other things, transactions or valuation evidence involving the following may be invalid or inferior sales transactions for comparison purposes: sales not in reasonable proximity to the subject property; sales at other than arms length or outside the established real estate marketplace; sales under duress (e.g., sales pursuant to the power of eminent domain, foreclosure sales, etc.); non-market sales; and contingent purchase contracts.
- Data You Supply You understand and agree that the Services provided by Jubally Solutions are also based upon data supplied by You. Because Jubally Solutions has no control over the data You provide while using the Services. We cannot be responsible and we will not be liable for any Protest report materials generated by the Services that are false, inaccurate, or unhelpful because of the data You supplied or any unsuccessful assessment Protest or other adverse consequences caused or contributed to by such data.
You must be 18 years of age or over, or the legal age to form a binding contract in Your jurisdiction if that age is greater than 18 years of age, to register as a member of Jubally Solutions or use the Site and the Services. If You are under the age of 18 or the applicable legal age in Your jurisdiction, You can use the Site and the Services only in conjunction with, and under the supervision of, Your parent or guardian who has agreed to the Terms of Service. If You do not so qualify, do not use the Site or the Services or the Site. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. You must be 13 years of age or older to use the Site and the Services, in compliance with the Children’s Online Privacy Protection Act (COPPA). By using the Site and/or the Services, You represent and warrant that You have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The Site is administered in the US and intended for US users; any use outside of the US is at the user’s own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Site.
In consideration of use of the Services and the Site, You agree to: (a) provide true, accurate, current, and complete information about Yourself as prompted by the Services’ registration form (such information being the “Registration Data“), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If You provide any information that is untrue, inaccurate, not current, or incomplete, or Jubally Solutions has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Jubally Solutions has the right to suspend or terminate Your account and refuse any and all current or future use of the Site and/or the Services (or any portion thereof). Additionally, You agree that if You provide false information to obtain access to a Jubally Solutions business site that You are not legally entitled to claim, Jubally Solutions will be entitled to collect liquidated damages of $1,000 per violation or actual damages incurred by Jubally Solutions from You. You understand and agree that the Services may include certain communications from Jubally Solutions, such as service announcements, administrative messages, and the Jubally Solutions Newsletter, and that these communications are considered part of Jubally Solutions membership and You are free to opt out of them.
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that You, and not Jubally Solutions, are entirely responsible for all Content that You upload, post, or otherwise transmit via the Services and/or the Site. This also means that You are entirely responsible for, among other things, (a) ensuring that You have all obtained all necessary legal rights to upload, post, or otherwise transmit Content via the Site and the Services (and to grant Jubally Solutions the license to such Content as set forth in these Terms of Service), and (b) that any Content that You upload, post, or otherwise transmit via the Services complies in all respects with the Terms of Service. Jubally Solutions does not control the Content posted via the Site and the Services and, as such, does not guarantee the accuracy, integrity, or quality of such Content, including but not limited to business endorsements and commentary. You understand that by using the Site and the Services, You may be exposed to Content that is offensive, indecent, or objectionable.
In Your use of the Services or the Site, You agree not to:
- Upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Harm minors in any way, or seek or recommend providers of material that exploits people under the age of 18 in a sexual or violent manner, or seek or recommend providers that solicit personal information from anyone under 18;
- Post information that is pornographic or sexually explicit in nature;
- Post false or intentionally misleading information;
- Provide any posted Content that falsely expresses or implies that such Content or material is sponsored or endorsed by Jubally Solutions;
- Provide any posted Content that is unlawful or that promotes or encourages illegal activity;
- Impersonate any person or entity, including, but not limited to, a Jubally Solutions official, forum leader, guide, or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
- Upload, post, or otherwise transmit any Content that You do not have a legal right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, trade secret, or other proprietary rights of any party, or remove any copyright, trademark, or other proprietary rights notice contained in the Site, the Services, or in any Content;
- Upload, post, or otherwise transmit any material that contains software viruses, worms, defects, Trojan Horses or any other computer code, files, or programs of a destructive nature designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Services or the Site or servers or networks connected to the Services, use any device, software, or routine that interferes with the proper working of the Services or the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
- Intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- “Stalk” or otherwise harass another user, individual, or merchant.
- Collect, harvest, or store personal data about users, or members for any reason other than to solicit and share reviews or to gain more information about a learning or teaching opportunity;
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or Services;
- Create or submit unwanted email or messaging (“Spam“) to any other Jubally Solutions user or otherwise interfere with the enjoyment of other Members or Users of the Site or the Services;
- Modify, adapt, sublicense, translate, sell, decompile, disassemble, or reverse engineer any portion of the Site and/or the Services;
- Access, retrieve, or index any portion of the Site and/or Services for purposes of constructing or populating a searchable database of business reviews;
- Reformat or frame any portion of the web pages that are part of the Site and/or Services;
- Create user accounts by automated means or under false or fraudulent pretenses;
- Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, or take any action that imposes or may impose, in Jubally Solutions’ sole discretion, an unreasonable or disproportionately large load on Jubally Solutions IT infrastructure; or
- Copy or store any Content offered on the Site for other than Your own use
You understand and agree that Jubally Solutions may review and delete any business listings (including business name, address, phone, fax, distance, reviews, rating) or other posted Content that in the sole judgment of Jubally Solutions violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Site and/or other website users. You are solely responsible for Your ratings and reviews of businesses listed on Jubally Solutions. Jubally Solutions reserves the right, but has no obligation, to monitor disputes between You and any entity which You have reviewed.
In addition, You agree that all hyperlinks and other offers comprising the Services (e.g., hyperlinks provided in connection with Jubally Solutions’ RSS feeds) may not be modified from the original form in which such hyperlinks and other offers are generally made available by Jubally Solutions.
If You as a merchant use the promotional pricing feature to provide consumers with deals through the Site, You represent and warrant to Jubally Solutions that You have authority to offer such a deal and promise to honor the terms of that deal as they are presented to the consumer through the Jubally Solutions platform. Without limitation of other representations, warrants, and indemnities elsewhere within these Terms of Service, You specifically agree to indemnify Jubally Solutions against any claims by users of the Services that the terms of a coupon or other offered deal were not honored.
CONTENT SUBMITTED TO JUBALLY SOLUTIONS
Jubally Solutions does not claim ownership of the Content You place on the Site. By uploading, submitting or otherwise disclosing or distributing content of any kind on the Site or otherwise through the Services, You:
- Grant to Jubally Solutions, its affiliates and their assignees the perpetual, irrevocable, fully assignable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of, and otherwise exploit such Content in any form for the purpose of providing the Services, including without limitation, any concepts, ideas, or know-how embodied therein;
- Represent and warrant to Jubally Solutions that You own or otherwise control all rights to such Content (including the ability to grant Jubally Solutions this license) and that disclosure and use of such Content by Jubally Solutions (including without limitation, publishing Content at the Jubally Solutions website) will not infringe or violate the rights of any third party; and
- Acknowledge that the Content may not be treated confidentially.
You agree not to provide Jubally Solutions with any confidential or proprietary information that You desire or are required to keep secret.
You acknowledge that Jubally Solutions does not pre-screen Content, but that Jubally Solutions and its designees shall have the right (but not the obligation) in their sole discretion to remove or block access to any Content that is available via the Services. Without limiting the foregoing, Jubally Solutions and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable (in Jubally Solutions’ sole discretion). You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree to indemnify and hold Jubally Solutions, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) Content posted, uploaded, or otherwise transferred by You, (b) Your use of the Site or the Services, (c) Your connection to the Services, (d) Your violation of the Terms of Service, or (d) Your violation of any rights of another.
Jubally Solutions runs advertisements and promotions on the Site. By creating Your pages on the Site, You agree that Jubally Solutions has the right to run such advertisements and promotions. The manner, mode, and extent of advertising by Jubally Solutions are subject to change in the sole discretion of Jubally Solutions.
COUPONS, DEALS, AND PROMOTIONS
Your correspondence or business dealings with, or participation in promotions of, merchants or advertisers found on or through the Site and 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 merchant or advertiser. YOU AGREE THAT JUBALLY SOLUTIONS WILL 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 ON THE SITE OR THE SERVICES.
The Services and the Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Jubally Solutions has no control over such sites and resources, You acknowledge and agree that Jubally Solutions is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT JUBALLY SOLUTIONS SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
JUBALLY SOLUTIONS PROPRIETARY RIGHTS
You agree that all Content and materials delivered via the Site or the Services or otherwise made available by Jubally Solutions are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Jubally Solutions in writing, You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Content. However, You may print or download a reasonable number of copies of the materials or Content at the Site for Your internal business purposes; provided, however, that You retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other Content from the Site to create or compile, directly or indirectly, a collection, database or directory without written permission from Jubally Solutions is prohibited. Any third party that contacts our users for commercial reasons, including to sell them products or services, is in violation of these terms.
Reproducing, copying, or distributing any Content, materials, or design elements on the Site for any use or purpose not expressly permitted by these Terms is strictly prohibited without the express prior written permission of Jubally Solutions. Any rights not expressly granted herein are reserved.
You acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software“) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Jubally Solutions grants You a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer; provided, however, that You do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Jubally Solutions for use in accessing the Services. Jubally Solutions hereby reserves all rights not otherwise expressly granted in this Section.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notices to You may be made via either email or regular mail. The Services may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to You generally on the Site.