These terms and conditions govern your use of Jeffreys and website (hereafter referred to simply as Jeffreys); by using Jeffreys, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use Jeffreys.
Jeffreys uses cookies and JavaScript. By using Jeffreys and agreeing to these terms and conditions, you consent to Jeffreys' use of cookies and JavaScript in accordance with the terms of Jeffreys' privacy policy / cookies policy.
License to use Jeffreys
Unless otherwise stated, Jeffreys and/or its licensors own the intellectual property rights and material on Jeffreys. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from Jeffreys for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
republish material from Jeffreys (including republication on another website);
sell, rent or sub-license material from Jeffreys;
show any material from Jeffreys in public;
reproduce, duplicate, copy or otherwise exploit material on Jeffreys for a commercial purpose;
edit or otherwise modify any material on Jeffreys; or
redistribute material from Jeffreys [except for content specifically and expressly made available for redistribution.]
Acceptable use
You must not use Jeffreys in any way that causes, or may cause, damage to Jeffreys or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use Jeffreys to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Jeffreys without Jeffreys' express written consent.
You must not use Jeffreys to transmit or send unsolicited commercial communications.
You must not use Jeffreys for any purposes related to marketing without Jeffreys' express written consent.
Restricted access
Access to certain areas of Jeffreys may be restricted. Jeffreys reserves the right to restrict access to other areas of Jeffreys, or indeed this entire website, at Jeffreys' discretion.
If Jeffreys provides you with a user name and password to enable you to access restricted areas of Jeffreys or other content or services, you must ensure that the user name and password are kept confidential.
Jeffreys may disable your user name and password in Jeffreys' sole discretion without notice or explanation if it determines you are in violation of these terms and conditions.
User content
In these terms and conditions, "your user content" means material (including without limitation data, text, images, audio material, video material and audio-visual material) that you submit to Jeffreys, for whatever purpose.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Jeffreys or a third party (in each case under any applicable law).
You must not submit any user content to Jeffreys that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Jeffreys reserves the right to edit or remove any material submitted to Jeffreys, or stored on Jeffreys' servers, or hosted or published upon Jeffreys.
Notwithstanding Jeffreys' rights under these terms and conditions in relation to user content, Jeffreys does not undertake to monitor the submission of such content to, or the publication of such content on, Jeffreys.
No warranties
Jeffreys is provided "as is" without any representations or warranties, express or implied. Jeffreys makes no representations or warranties in relation to Jeffreys or the information, materials or functionality provided on or by Jeffreys.
Without prejudice to the generality of the foregoing paragraph:
Jeffreys is hosted on Microsoft Azure. This is a world class hosting service provided by Microsoft. It is expected that Jeffreys will be available 24 hours per day, seven days per week. However, Jeffreys may not be constantly available, or available at all.
It is believed the information on Jeffreys is complete, true, accurate or non-misleading, but Jeffreys make no warranties to that effect
Nothing on Jeffreys constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
Jeffreys will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, Jeffreys:
for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Jeffreys has been expressly advised of the potential loss.
Exceptions
Nothing in Jeffreys disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in Jeffreys disclaimer will exclude or limit Jeffreys' liability in respect of any:
death or personal injury caused by Jeffreys' negligence;
fraud or fraudulent misrepresentation on the part of Jeffreys; or
matter which it would be illegal or unlawful for Jeffreys to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using Jeffreys, you agree that the exclusions and limitations of liability set out in Jeffreys disclaimer are reasonable.
If you do not think they are reasonable, you must not use Jeffreys.
Other parties
You accept that, as a limited liability entity, Siesta Key Softweare, LLC, doing business as Jeffreys, has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Siesta Key Software, LLC officers or employees in respect of any losses you suffer in connection with Jeffreys.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in Jeffreys disclaimer will protect Jeffreys' officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Jeffreys.
Unenforceable provisions
If any provision of Jeffreys disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of Jeffreys disclaimer.
Indemnity
You hereby indemnify Jeffreys and undertake to keep Jeffreys indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Jeffreys to a third party in settlement of a claim or dispute on the advice of Jeffreys' legal advisers) incurred or suffered by Jeffreys arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and conditions
Without prejudice to Jeffreys' other rights under these terms and conditions, if you breach these terms and conditions in any way, Jeffreys may take such action as Jeffreys deems appropriate to deal with the breach, including suspending your access to Jeffreys, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to Jeffreys and/or bringing court proceedings against you.
Variation
Jeffreys may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of Jeffreys from the date of the publication of the revised terms and conditions on Jeffreys. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Jeffreys may transfer, sub-contract or otherwise deal with Jeffreys' rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions constitute the entire agreement between you and Jeffreys in relation to your use of Jeffreys, and supersede all previous agreements in respect of your use of Jeffreys.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with American and/or European law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of USA and/or Europe.
Registrations and authorisations
Jeffreys is registered under a legal entity (Siesta Key Software, LLC.)
Jeffreys' details
The full name of Jeffreys is Jeffreys and operates under a limited liability corporation named Siesta Key Software, LLC (Holland, Ohio).
Credit
This document was created using a Contractology template available at http://www.freenetlaw.com.