Terms and Conditions

JAMBOJON’S WEBSITE TERMS AND CONDITIONS – DISCLAIMER

Disclaimer.

JamboJon is NOT a “Licensed Professional,” and is NOT providing advice as a licensed professional. The information provided on JamboJon’s Website and Social Sites (collectively the “Sites”) and both verbal and written content included with any of the information or Services is intended as general information and is offered purely for informational purposes (collectively “Information”). All Information is provided without warranty, express or implied, including as to any mental, physical, and emotional effect and completeness and not intended for any other purpose. Your use of any Information is at your own risk, and you should not act upon this information without seeking the advice of an appropriate licensed professional. JamboJon and any of the Third Parties, even licensed professionals who participated in providing the Information, expressly disclaim any warranty: they are NOT creating or entering into any agreement for advice by a licensed professional.

Assumption of Risk with Use and Participation of Agency Sites.

The use (defined above) of the Sites, all purchases of Products (including placing an Order for Services as defined below), and participation with the Services are at your own risk. The Sites and any Information or Products purchased is provided on an "as is" and "as available" basis. You assume all risks, known and unknown, in any way connected to use of the Sites, Products and participation with any Services.

No Warranty with Participation of Agency Sites.

Agency expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement as applicable to information located on the Sites. We make no warranty that (1) the Sites will meet your requirements, (2) the Sites, and any information or service provided by the Sites, will be uninterrupted, timely, secure, or error-free, (3) the results of using the Sites, and any information or service provided by the Sites, will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained through your use of the Sites will meet your expectations, or (5) that any errors in any software utilized by the Sites will be corrected. No advice or information, whether oral or written, obtained by you from or through the Agency will create a warranty not expressly stated in these Website Terms.

Your Responsibility.

Agency will not be responsible for injury to any person who sustains an injury because of your participation. You knowingly and voluntarily assume all risks of injury, harm, liability, loss, damage, or death in any way connected with participation with the Sites, Products, and Website and Marketing Services. You assume full responsibility for your actions that may cause harm to you, Agency, or other Third Parties. In addition, if at any time, you believe that present conditions threaten potential damage or harm or that you are unable to participate due to physical or medical conditions, then you will immediately discontinue your participation and notify the Agency immediately to mitigate any threats or actual harm.

Disclaimer of Warranties to Client’s Website and Marketing Services.

Accessibility to Client’s Website. Client understands and agrees its access to, and use of, Client’s Website developed in accordance with the Services ordered is on an "as is" and "as available" basis and without warranty of any kind. Client understands that assessing accessibility is highly complex, subjective and changeable, and as such, achieving absolute or total compliance is not possible. Agency makes no warranty that the Services will find all accessibility concerns in Client’s Website, or that the solutions suggested by Agency and advice provided in any way from Agency will be complete or error-free. Therefore, Client agrees to engage in both manual and internal automated testing of Client’s Website on a regular basis to assure the highest possible level of accessibility, compliance and usability. Agency does not guaranty any specific level of accessibility or compliance and assumes no responsibility in the event a claim is made against Client based upon or alleging a lack or failure in accessibility or compliance with applicable accessibility laws, regulations and/or standards about Client’s Website.

Back-Ups, Viruses or Other Destructive Code.

Client further understands and agrees that Agency cannot guarantee or warrant that Client’s Website will remain free of viruses or other destructive code. Client is responsible for implementing sufficient procedures and checkpoints to satisfy Client’s particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a BACKUP means external to the Website for any reconstruction of any lost data. Agency will not be liable for any loss of data or damage caused by a security breach or hack of Client’s Website, viruses or other technologically harmful material that may infect the web pages of Client’s Website, or from any modifications by Client or a third party hired by Client (see Release of Liability section below). JamboJon does not make any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of Client’s Website.

Changes to JamboJon’s Website Terms.

The Website Terms may be modified at any time by us posting modified JamboJon’s Website Terms. Any such modifications will be effective immediately. You can view the most recent version of JamboJon’s Website Terms at any time located here: https://JamboJon.com/terms-and-conditions/. Each use by you will constitute and be deemed your unconditional acceptance of JamboJon’s Website Terms.

Termination of Use.

The Agency may terminate your use and access to the Sites immediately without notice, in our sole discretion, if you fail to comply with any of JamboJon’s Website Terms.

Account Security.

We reserve the right to withdraw or amend the Sites, and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites, to users. You are responsible for:

• Making all arrangements necessary for you to have access to the Sites.
• Ensuring that all persons who access the Sites through your internet connection are aware of JamboJon’s Website Terms and comply with them.

Registration Information.

To access the Sites or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites that all the information you provide on the Sites is correct, current, and complete. You agree that all information you provide to register with any of the Sites or otherwise, including but not limited to using any interactive features on the Sites, is governed by our Privacy Policy (see below), and you consent to all actions we take with respect to your information consistent with our Privacy Policy. We have the right to disable any user at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Website Terms.

Unauthorized Access.

If you choose, or if you are provided with any piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your personal information.

Privacy of Information.

You authorize JamboJon to use your personal information such as email address, telephone number (“Personal Information”) and Payment Information (collectively “Privacy Information”) to:

• provide and improve our Services;
• solicit your feedback; and
• inform you about our Services.

You understand that we engage Third Parties to perform functions on our behalf.

These Third Parties will have access to the Privacy Information only as necessary to perform their functions and to the extent permitted by law. To the extent permitted by law, we may also disclose the Privacy Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such Privacy Information is necessary or advisable, for example, to protect the rights, property, or safety of us or others, including you. We take commercially reasonable steps to protect the Privacy Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. You understand that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the Third Parties with which we may share such Privacy Information, nor can we guarantee that the Privacy Information you supply will not be intercepted while being transmitted over the Internet. Email sent to us may not be secure, and you should take special care in deciding what information you send to us via email.

Electronic Communications.

You communicate with us electronically when you use JamboJon’s Website, the Social Media Sites to send messages or post, send e-mails to us, submit payment, use our equipment, submit or publish information through the Sites or through one of the Third Parties’ applications, opt-in to use or participate in a messaging program or scheduling application, use a mobile phone to call us, or participate on video calls (collectively “Electronic Communications”). All such Electronic Communication data will be kept confidential. The data from your use of our equipment may include information about your interactions with the equipment, including performance data, preferences, and usage patterns. You consent to receive communications from us electronically. By communicating with us electronically, you agree to JamboJon’s Website Terms. We will communicate with you by e-mail, by telephone or by text or chat messaging (“Notifications”). You agree that all agreements, Notifications, disclosures, and other communications that we provide you electronically satisfy any legal requirements that such communications be in writing.

Consent To Recordings.

In compliance with the Agency’s Privacy Policy, to allow Client to access the Facility and use our equipment (if applicable), the Agency collects and stores certain Client data to detect and troubleshoot problems, to protect against misuses of the Agency’s Facility and equipment, and to protect the Agency against fraud, crime, or other illegal activity. Such Client data includes the Electronic Communications and photos and videos captured by the Agency’s security cameras located at the Facility (“Client Data”). Client consents to all such storage of Client Data.

Goods and Services.

Goods and Services (collectively “Products”) offered on the Sites may include Website and Marketing Services, access to online courses, Q & A calls, or other tangible goods, services, or experiences. The Agency has full discretion over which Products are offered on the Sites. Additionally, we can, in our full discretion, determine whether you are eligible to purchase any Products.

Delivery of Goods or Services.

Agency will facilitate the delivery of any Products that are to be delivered by electronic means. Agency will utilize your provided email addresses to provide Products through electronic mail. Products that require physical shipping will be shipped by a third-party Agency. We have no ability to control when Products are shipped or in what state Products will be received.

Fees.

If you purchase any Products including Website and Marketing Services from the Agency, then you will be charged according to the items purchased, in addition to applicable sales tax and shipping costs.

Payment of Fees.

The Fees charged are fully earned by the Agency and the funds that you pay belong to the Agency. To submit payment, you are required to provide payment information such as your credit card and bank account, an email address, name, and mailing address (“Payment Card”). For hourly, set fee or Split Payment amounts for Services then Client will submit payment as requested by the Agency. For any packages with Split Payments (additional services included) or a Renewal Period, then as a condition of such package Client authorizes Agency to charge the Payment Card (“Autopay”) for the package on or before the day of each month that is the same day as the Effective Day for the Services Terms or the same day that you submitted an Order or as requested by the Agency. Agency is also authorized to automatically charge the Payment Card for applicable other Fees described in the Services Terms. You agree to pay the Fees as requested by the Agency and you agree to the following for such payments of Fees:

Autopay Authorization.

For a Renewal Package and for applicable other Fees, you authorize the “Autopay” of Fees to the Payment Card on file and agree that no “prior notification” for the charges is required. You understand that this authorization to charge the Payment Card on file for such Fees will remain in effect until the Services Terms are terminated or until you terminate this authorization for Autopay by notifying Agency in writing.

Authorized User.

You acknowledge that the origination of payment transactions to the Payment Card on file must comply with the provisions of U.S. law. You certify that you are an authorized user of the Payment Card used to pay the Fees and will not dispute these payment transactions with the bank or credit card Agency, so long as the transactions correspond to the Fees you Order.

Third-Party Payment Vendor.

You understand and agree that the information for the Payment Card is collected and processed by a “Third-party Payment Vendor” pursuant to the terms and conditions of the Third-party Payment Vendor’s privacy policies and terms of use. You agree that the Third-party Payment Vendor, and not the Agency, is solely responsible for your Payment Card, and the Agency will not be liable for any damages, claims or liabilities arising from the Payment Card.

If Payment Fails.

In the case of a declined charge or returned for insufficient funds (“Failed Payment”), you understand that the Agency will notify you of the Failed Payment. You acknowledge that additional attempts will be made to process the payment. However, if the additional attempts continue to result in a Failed Payment, then you will have five (5) days from the Agency’s notice of the Failed Payment to pay the amount due or the Agency may refuse to provide the Products ordered at its discretion. For each Failed Payment, an additional twenty-dollar ($20) charge will be initiated as a separate transaction from the authorized payment.

Collection Costs.

You agree to be bound by the Uniform Consumer Credit Code for the state of Utah. If your account is referred to collection, you agree to pay any collection costs incurred including reasonable attorney’s fees, filing fees and court fees. Fees that are thirty (30) days past due may be subject to a late fee of up to 1.5%.

Fees Related to the Payment Card.

You are solely responsible for all fees charged to the Payment Card by the issuer, bank or financial institution including, but not limited to, Services, overdraft, insufficient funds, over the credit limit fees and the Other Fees describe above.

Refund Policy.

For Website and Marketing Services, the Agency has a “No Refund Policy.” A full refund for other Products purchased will be allowed if the Agency approves a refund request within 30 days of purchase.  A refund request must be received by emailing: sjohnson@jambojon.com. No refund request will be granted if the request is more than 30 days after the purchase date.  If you have any questions, please contact us before making a purchase.

No Guarantees.

Client acknowledges that the Agency has made no promises or representations to Client, nor given Client any assurances as to the favorable or successful outcome of Client’s participation with the Services. All of Agency’s opinions relative to the Services are limited only to opinions based upon Agency’s experience and judgment. Client acknowledges that such expressions should not be considered as representations, promises, or any guarantee of results.

JamboJon’s Intellectual Property.

You acknowledge and agree that the Products provided by the Sites and any necessary software used in connection with any Products ("Software") contain proprietary and confidential information that is the property of the Agency and its licensors and is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in advertisements or information presented to you on the Sites, other online platforms, by Electronic Communications or advertisers (“Content”) is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. No rights or title of, to any of the Software used in connection with any Product is provided, transferred, or assigned to you.

Agency Material.

The following, but not limited to, all handouts and training programs (“Material”) provided by the Agency is copyrighted Material owned by the Agency and is protected by United States copyright law, trade secret, other intellectual property laws and by international treaties. You agree that the Agency owns and holds title to the Material and all subsequent copies regardless of the form or media, and that all title, ownership rights, and intellectual property rights with the Material remains with the Agency. You may not copy or otherwise reproduce any part of the Material without permission in writing from the Agency.

JamboJon Trademarks.

You acknowledge our exclusive rights in our trademark and service mark’s for JamboJon. Trademarks, service marks, logos, and copyrighted works appearing on the Content are the property of the Agency. We retain all rights with respect to any of our respective intellectual property appearing on the Content, and no rights in such materials are transferred or assigned to you.

Permission.

Except as expressly authorized by us or advertisers, which authorization will not be unreasonably withheld, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Products or Software, in whole or in part.

Intended Audience.

The Sites are intended for adults only and not intended for any children under the age of 13.

Third Party Content.

The Sites may include content provided by Third Parties and others. All statements and/or opinions expressed in content other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing such content. We are not responsible, or liable to you or any third party, for the content or accuracy of any content provided by any third parties.

Prohibited Uses.

You may use the Sites only for lawful purposes and in accordance with these Website Terms.

You agree not to use the Sites:

• In any way that violates any applicable federal, state, local or international law or regulation;
• For exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Website Terms;
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
• To impersonate or attempt to impersonate the Agency, including our employees or representatives, another user or any other person or entity, including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing; or
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm us or users of the Sites or expose them to liability.

Restricted Use of the Sites.

Additionally, you agree not to:

• Use the Sites in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party’s use of the Sites, including their ability to engage in real time activities through the Sites;
• Use any data-mining, scraping, crawling, using any robot, other automatic device, script, technology or processes that send automated queries to the Sites or using other similar methods and tools to gather or extract data, material or other information from the Sites, without our prior written consent, which consent may be withheld and withdrawn by us at any time, with or without notice, in our sole discretion (unless you create a script to download your personal transactions), process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites;
• Use any manual process to monitor or copy any of the material on the Sites or for any other unauthorized purpose without our prior written consent;
• Use any device, software or routine that interferes with the proper working of the Sites;
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer or database connected to the Sites;
• Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack; or
• Otherwise attempt to interfere with the proper working of the Sites.

Compliance with Laws.

You must abide by all Federal, State, and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence.

International Use.

Although the Sites may be accessible worldwide, the Agency makes no representation that materials and/or Software on the Sites are appropriate or available for use in locations outside of the United States. Accessing the Sites and/or Software from territories where such content is illegal is prohibited. Users who choose to access the Sites and/or Software from other locations do so on their own initiative and are responsible for compliance with local laws.

Non-Disparagement.

The parties will refrain from interfering with the other’s business (if applicable) by making any false, negative, critical, or disparaging statements, implied or expressed, concerning the other in any manner likely to be harmful to them or their business, business reputation or personal reputation including, but not limited to, social media platforms, verbal communications, and print media.

Indemnification.

You agree to indemnify, defend, protect and hold the Agency and Third Parties (the “Indemnified Parties”) free and harmless from and against all resulting loss, liabilities (including, but not limited to, negligence, tort, breaches of statutory duties, and strict liability), damages, judgments, suits, and all legal proceedings, and any and all costs and expenses (including attorneys’ fees) arising out of or in any manner related to the Services provided by Agency, Products, your participation with the Services, use of the Agency’s Sites, any breach or unauthorized use of the Website Terms by you, any electronic devices used to contact the Agency and other incorporated documents, including, without limitation,(a) claims for injury to or death of persons and for damage to property. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or Services accessed from the Sites or from your participation with JamboJon or Agency’s Website and Marketing Services. You agree to give Agency prompt notice of any such claim or liability.

Loss of Client’s Data.

This includes but not limited to, loss or damage to any of Client’s artwork, files, or other materials provided to Agency. Client will not provide Agency with originals.

Release of Liability.

Your use of the Sites, purchase of Products and any other participation with Website and Marketing Services (collectively your “participation”) constitutes acceptance of this release of liability. You agree to release and hold harmless the Agency and Third Parties from any and all liability, present and future, known or unknown that is associated with your participation (“Release of Liability”) from any and all claims, demands, losses, expenses, damages, liabilities, actions, causes of action of any nature, including but not limited to personal injury, wrongful death and property damage, that in any manner arise from or relate to your participation, computer failure or malfunction, damages relating to failures of telecommunications, the internet, electronic communications, corruption, security loss of theft of data, viruses, spyware, lost profits, loss of use, loss of time, inconvenience, loss business opportunities, damage to good will or reputation, costs of cover or any and all other personal or commercial damages or losses arising from the use or inability to use Client’s Website, whether or not due to any defects therein (“Excluded Damages”). The entire risk as to the quality and performance of Client’s Website is with the Client. This extends to and includes all claims, liabilities, injuries, damages, and causes of action that you or the Agency do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future. You represent and warrant that you have considered the possibility that claims, liabilities, injuries, damages, Excluded Damages and causes of action may develop, accrue, or be discovered in the future, and you voluntarily assume that risk as part of your participation. You agree that this Release of Liability will bind the members of your family and spouse, if you are alive, and your heirs, assigns, and personal representatives if you are deceased. Modifications to Client’s Website by Client or any third party voids any express or implied warranties.

Limitation of Liability.

Agency’s aggregate liability for claims will be limited to an amount equal to three (3) times the sum of Fees paid to the Agency over the prior year. Any claim must be made within one (1) year of the incident to which it relates or forever be barred. You execute this Release of Liability voluntarily and with full knowledge of its significance, and with the intent of binding yourself, your spouses, and children, if any, and their heirs, legal representatives, and assigns. You expressly agree that this Release of Liability is intended to be as broad and inclusive as permitted by law. You have carefully read this Release of Liability section and fully understand its contents.

Relationship of the Parties.

Nothing contained in these Website Terms, your use of the Sites or your participation with the Services will be construed to constitute you and the Agency as a partner, joint venturer, employee, or agent of each other, nor will either hold itself out as such. Neither you or the Agency has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of each other, it being intended that each will be responsible for its own actions.

Waiver of Jury Trial.

You irrevocably, knowingly voluntarily and intentionally waive, to the fullest extent permitted by law, any right to a trial by jury in any action or proceeding arising out of your participation This provision is a material inducement for you to agree to the Website Terms. You agree that any such action or proceeding will be tried before a court and not a jury. If this waiver of a trial by jury is deemed invalid, you agree that any action or claim arising out of any dispute in connection with your participation, any rights, remedies, obligations, or duties, or the performance or enforcement will be determined by judicial references.

Equitable Remedies.

You agree that it would be impossible or inadequate to measure and calculate the Agency’s damages from any breach of the covenants set forth in the Website Terms. Accordingly, you agree that if you breach any covenants, Agency will have available, in addition to any other right or remedy available, the right to obtain an injunction from a court of competent jurisdiction restraining such breach or threatened breach and to specific performance of any such provision of the Website Terms including the Services Terms. You further agree that no bond or other security will be required in obtaining such equitable relief and consent to the issuance of such injunction and to the ordering of specific performance.

Attorney’s Fees.

In the event of litigation to enforce any of the Website Terms, the prevailing party in such litigation is entitled to recover reasonable attorneys’ fees and expenses incurred in such litigation, including on appeal, in addition to any other recovery to which such party may be legally entitled.

Uncontrollable Events.

Non-performance by either you or the Agency, other than an obligation to pay money, will be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts, orders, or restrictions, acts of God, extreme weather, illness, car accident or any other reason to the extent that the failure to perform is beyond the reasonable control of the non-performing party. The non-performing party will give prompt notice to the other party of such delay and will use its best efforts to complete the performance, within a reasonable time frame of such act which has been delayed.

Amendment.

No oral statement to either party may alter the Website Terms.

Severability.

If any provision(s) of the Website Terms is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of the Website Terms is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

Cumulative Remedies.

All rights and remedies provided in the Website Terms are cumulative and not exclusive, and the exercise by either you or the Agency of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement, or otherwise.

No Third-party Beneficiaries.

The Website Terms benefit solely you and the Agency and their respective permitted successors and assigns and nothing in the Website Terms, express or implied, confers on any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of the Website Terms.

No Waiver of Contractual Right.

The failure of the Agency to enforce any provision of the Website Terms will not be construed as a waiver or limitation of the Agency’s right subsequently to enforce and compel strict compliance with every provision of the Website Terms.

Governing Law.

You agree that the Website Terms are governed by, and construed in accordance with, the laws of the state of Utah.

Consent to Personal Jurisdiction.

You expressly consent to the personal jurisdiction of the state and federal courts located in Utah for any lawsuit filed arising from or relating to the Website Terms.

Notices.

Any notice or other communication provided for or given to you or the Agency will be in writing and given in person, by email, or by mail (registered or certified mail, postage prepaid, return receipt requested). Notices sent in accordance with this Section are deemed effective on the date of dispatch. You agree to keep the Agency informed as to your current mailing address, telephone numbers and email address.

Surviving Terms.

The covenants, agreements, indemnification obligations, representations, and warranties of you and the Agency will survive until the expiration of the applicable statute of limitations.

Headings.

Headings in the Website Terms are for convenience of reference only and are not to be used in any interpretation of the Website Terms.

Interpretation.

The Website Terms are construed without regard to any presumption or rule requiring construction or interpretation. Whenever the singular is used in the Website Terms, the same includes the plural, and whenever the plural is used, the same includes the singular, where appropriate. The captions used in the Website Terms are inserted for reference purposes only and not deemed to define, limit, extend, describe, or affect in any way the meaning, scope, or interpretation of any of the Website Terms or its intent.

Copyrights Policy.

We respect others’ intellectual property rights, and we ask that users do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. We reserve the right to delete or disable content alleged to be infringing and to terminate the accounts of Users who infringe the intellectual property of others. To protect the intellectual property rights of others, we have adopted the following policy in accordance with Section 512 of the Digital Millennium Copyright Act (“DMCA”) with respect to alleged copyright infringement by users of the Sites:

Procedure for Reporting Copyright Infringements.

If you believe that material residing on or accessible through the Sites infringes your copyright, you may provide us with a written notice of the alleged infringement to the Designated Agent listed below. The notice must include the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

Removal of Allegedly Infringing Material.

Once a proper infringement notice is received by the Designated Agent, we may remove or disable access to the allegedly infringing material. We will make reasonable attempts to notify the User that we have removed or disabled access to the material. We may terminate access to the Sites to Users who are repeat offenders.

Counter-Notice Procedure.

If a User believes that their material that was removed or to which access was disabled is not infringing upon a copyright, that User must send a counter-notice to the Designated Agent, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. The counter-notice must contain the following information:

• A physical or electronic signature of the User;
• The location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled because of mistake or misidentification of the material to be removed or disabled; and
• The User’s name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the User’s address is outside of the United States, for any judicial district in which RMA may be found, and that the User will accept service of process from the person who provided notification or an agent of such person.
• If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days.
• Unless the copyright owner files an action seeking a court order against the User, the removed material may be replaced or access to it restored after receipt of the counter-notice in accordance with the DMCA.
• Designated Agent and Contact for any questions:
  Name: Sarah Johnson
  Email: sjohnson@jambojon.com.

Entire Agreement.

These Website Terms constitute the entire understanding between the parties and governs the terms and conditions of your use of the JamboJon Sites (including your participation as defined above). There are no other agreements between the parties, except as set forth in this Agreement. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Sites or regarding your participation. You should visit the Sites and review the Website Terms periodically to determine if any changes have been made. Your continued use of the Sites after any changes have been made to the Website Terms signifies and confirms your acceptance of any such changes or amendments to the Website Terms.