Last Updated: December 1, 2017
Welcome to Jottful! We’re thrilled to have you onboard!
We design and manage websites. By using Jottful, you agree to abide by these terms.
A. PRELIMINARY LEGAL TERMS.
2. Age. You must be at least eighteen (18) years of age to enter into a contract with Jottful. In no case are persons under the age of thirteen (13) years permitted to use the Services.
3. “Signing” of Agreement. You “sign” and accept this Agreement by (a) creating an Account, or (b) using the Services.
We help you deliver a professional presence online. Yet sometimes things can go wrong and the service may be interrupted.
B. OUR SERVICE; YOUR ACCOUNT.
1. Our Platform & Services.
a. Our Platform helps Jottful’s customers deliver a robust online experience for their website visitors. The Services include website design and consultations.
b. Jottful will attempt to provide continuous availability and access to the Platform. In the event that we are unable to provide access for reasons beyond our control, we will use reasonable efforts to communicate the reasons for the outage and expected duration of the outage. These outages could be due to third-party service providers, or circumstances beyond Jottful’s reasonable control.
c. Jottful’s Platform is hosted by third-party hosting service providers. You acknowledge that there are risks, including the risk of Platform down time or unavailability, that are inherent in Internet connectivity. Those risks could result in the loss of your privacy, confidential information, date, Content and property.
To use the services, you'll need to provide us with content and you're responsible for the accuracy of that content.
2. Content; Inputs. Using our Services requires your submission of certain information, data and inputs (collectively, the “Content”) through the Platform. Because the Services are dependent on user inputs and Content, Jottful bears no responsibility for inaccuracy of any Content input into the Platform.
To use the services, you'll need to create an account. The account is a privilege and is for your use only.
3. Creation of Your Account; Processing.
a. You will need to create an account (an “Account”) in order to access and use the Services. You agree that you will (i) be the only person providing such information and engaging in transactions through that Account, (ii) keep your password secure, and (iii) notify Jottful of any suspected breach of security or unauthorized use of your Account. If you wish to delete your Account, please contact Jottful at support@Jottful.com. You must notify us immediately upon becoming aware of a material change in the information you have provided through the Services.
b. The Content requested by Jottful in order for you to establish an Account includes your name, e-mail address, password, phone number, company or employer name and address. Unless information is marked as optional, you are required to provide it. All Account information you provide Jottful must be accurate and complete. Account information that is incorrect, incomplete, or misrepresented will constitute a breach of this Agreement.
c. Your Account is not transferable or sublicensable to third parties. You obtain no ownership rights in the Platform, Services or Content by creating the Account. Instead, you are given a non-exclusive, non-transferable, non-sub-license to use the Services in accordance with the terms of this Agreement to (i) collect, store, modify and delete Content; and (ii) customize the standard features of the Services.
d. Each user of the Services may only have one Account. With respect to your Account, you represent and warrant that you will notify Jottful of any suspected misuse or unauthorized access to your Account.
We may stop providing services at any time. You can also stop using your account or close your account at any time.
4. Suspension of Account and Service. Use of the Services is a privilege and not a right. In the exercise of its discretion, Jottful may suspend or terminate the Account, remove or limit access to Content, or limit the Services to which an account holder has access for any reason upon a reasonable suspicion that you have violated the terms of this Agreement or used the Services other than for its intended purpose. Jottful may take such actions with or without prior notice to you and without liability to you.
You're responsible for the content you provide us, so you promise it won't be pornographic, illegal, and so on. Also, you won't try to sabotage Jottful by hacking into our software or doing anything else illegal or unethical.
5. Content & Your Use.
a. You are solely responsible for the Content, posting of any data, images or other information to the Platform and your use of the Services through your Account. With respect to the Content, you represent and warrant:
i. It is your data and you are only using information, data, images, content or other media that you have the appropriate permission to post, share or use in conjunction with your use of the Services;
ii. It does not contain personally identifiable information about a child under the age of thirteen (13) years;
iii. It does not disseminate another person’s personal information without his or her permission;
iv. It does not result from unlawful activities; v. It does not disclose confidential information of a third party;
vi. It is appropriate for use in connection with the Platform’s intended purposes, as determined by Jottful in its sole discretion;
vii. It is not obscene, violent, or hateful, as determined by Jottful in its sole discretion; and
viii. It provides Jottful with accurate information about users of the Account.
b. You are solely responsible for the Content and your use of the Services through your Account. With respect to the Content, you represent and warrant that you will not, nor permit anyone else to, directly or indirectly:
i. Remove Jottful branding or links to Jottful web pages from the Platform;
ii. Reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Platform (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law);
iii. Modify or create derivatives of any part of the Platform;
iv. Rent, lease, or use the Services for timesharing or service bureau purposes; v. Remove or obscure any proprietary notices on the Platform;
vi. Attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any Jottful server, or to any of the Services offered on or through the Platform, by hacking, password “mining,” or any other illegitimate means;
vii. Probe, scan or test the vulnerability of the Platform or any network connected to the Service, nor breach the security or authentication measures on the Platform or any network connected to the Platform;
viii. Use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
ix. Use the Services or any Content for any purpose that is unlawful or prohibited by this Agreement; or
x. Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Jottful’s systems or networks, or any systems or networks connected to the Platform or to Jottful.
c. If you take any of the above prohibited actions or breach any of the above restrictions in contravention of the representations and covenants you made, we can terminate or suspend your use of the Services in our sole discretion. Further, fraudulent submissions through the Services could result in prosecution of you, as Account owner, under U.S. Mail Fraud Statute (18 USC Sections 1341–1342).
Both your content and our content will preserve whatever copyright they had before you started using Jottful. Also, you can ask us to remove your content.
6. License to Use Your Content; Release.
b. You undertake and agree to receive from time to time promotional messages and materials from Jottful or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time by sending an email to firstname.lastname@example.org.
c. You may terminate the license you have granted to Jottful by removing or deleting (or sending an email to email@example.com requesting that we remove or delete) your Content. Copies of your Content may remain on Jottful’s third party cloud service provider’s servers until such time as the Content is overwritten or otherwise deleted.
d. The contributors of content, including you and your Content, retain ownership of their intellectual property rights of such content. Further, Jottful retains ownership of its trademarks, copyrights and other intellectual property, as do Jottful Clients and users. Nothing in this Agreement transfers ownership of such rights.
If we provide you with content, code or other stuff to which we own the rights, you understand it is only for your use while you remain a Jottful customer and you don't get to keep it.
C. CONDUCT AND ACTIVITY AT THE SITE.
1. No License to Use Content Provided by Other Users. Unless expressly authorized by us in writing, you are not granted permission to copy, frame, embed, or otherwise disseminate aggregated or specific content that the Platform provides to you. Your use of the Platform is solely for your use in connection with your engagement by Sponsor, if applicable, and the unique purpose of your business.
2. Jottful Intellectual Property. Jottful and/or its licensors retain ownership of all intellectual property rights relating to Jottful, the Platform, and the Services. You are authorized to use Jottful materials, including any photography used in connection with the Platform, only as expressly authorized at the point of interacting with such materials.
3. Integrity of the Services. You agree not to take any action to harm Jottful or the Services, interfere with operation of the Services, access its underlying technology, copy its underlying technology, or copy Content. You agree not to use any automated system (including, but not limited to, crawlers, robots, bots, spiders, extractors, etc.) at the Platform; circumvent, disable or otherwise interfere with security-related features or digital rights management functions at the Platform; or hack, reverse engineer, or disable any technology at the Platform. You agree not to use the Services or information gathered at the Platform for advertising purposes, or to send unsolicited communications. In your use of the Services, including the input or access of Content, you agree to comply with all applicable laws.
4. Third Parties. The Platform may contain links to third party websites that are not owned or controlled by Jottful. Jottful does not control the content, privacy policies, or practices of any third party websites or applications, so you agree to review the terms of service, including privacy policies, of such third-parties. Jottful is not responsible for your use or misuse of any third party applications or websites.
We are not liable if things go really wrong. Things can happen — we are not responsible.
D. NO WARRANTY; LIMITATION OF LIABILITY; INDEMNIFICATION.
1. NO WARRANTY. THE SERVICES ARE PROVIDED FOR “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
2. Limitation of Liability for Damages.
a. Jottful shall not be liable to the Sponsor or you for any losses or damages resulting directly or indirectly from:
i. Deletion of, corruption of, or failure to store any Customer Data;
ii. Use of Content by you or Sponsor;
iii. Any disclosure, loss or unauthorized use of Account credentials that is not immediately reported to Jottful;
iv. Your violation of this Agreement or Sponsor’s violation of its agreement with us.
b. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JOTTFUL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THIS AGREEMENT, ACTIVITY AT THE SITE, INTERACTION WITH THE SERVICE ACTIONS REGARDING YOUR CONTENT, OR ACTIONS REGARDING THIRD PARTIES, REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING EXPRESS CONTRACT, IMPLIED CONTRACT, NEGLIGENCE, WARRANTY, OR MISREPRESENTATION, AND WHETHER OR NOT JOTTFUL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
c. As used in this section, “Jottful” includes Jottful, its officers, managers, members, employees, contractors, agents, parent, subsidiaries, related business entities, successors, assigns, and clients.
d. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THE LIABILITY OF JOTTFUL, ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, CLIENTS, AND SUPPLIERS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
e. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
3. Indemnification; Cooperation.
a. You acknowledge that your Account with Jottful and your use of the Services is based upon the truth of the promises, statements, and representations made by you in this Agreement. By signing this Agreement and using the Services, you indemnify, hold harmless, and agree to defend Jottful against all damages, losses, judgments, penalties, expenses, costs, and fees (including reasonable attorneys’ fees) incurred by, or awarded or assessed against Jottful in connection with any third party (including domestic or foreign governments or agencies) assertion inconsistent with the promises, statements, representations, and warranties. This obligation extends to Jottful, its officers, directors, employees, contractors, agents, members, parent, subsidiaries, related business entities, successors, assigns, and clients. This obligation survives termination of this Agreement.
b. In addition to the obligation of indemnification, above, you agree to use your best efforts to assist Jottful in the investigation and resolution of any third party claim or assertion in consistent with your representations and warranties. You agree to provide such assistance promptly upon receipt of notice from Jottful of such claim or assertion and at no charge.
You can stop using your account or close it at any time. If your organization changes or cancels their Jottful subscription, your account will reflect that change.
4. Termination of Service; Termination of Agreement.
a. In the exercise of your discretion, you may terminate your Account, cease using the Services or delete Account information. You may take such actions with or without prior notice to Jottful and without any liability for such cancellation to Jottful. If you notify Jottful of your termination of your Account Jottful shall take reasonable steps to block access to and deleted your Content. This is your sole remedy in the event you are dissatisfied with Jottful or the Services.
b. Your Account will be terminated without prior notice in the event our agreement with your Sponsor is terminated or Sponsor changes their use of the Platform or Services, which results in termination of certain of your privileges or your Account.
c. The terms of Sections B through D shall survive termination of this Agreement or any Service.
E. GENERAL LEGAL TERMS.
1. The Platform and Services are Located in and Delivered from Michigan. This Agreement is executed (signed) and performed in Ann Arbor, Michigan. You acknowledge that the Platform is made available from and is based in, and the Services are provided from, Ann Arbor, Michigan, USA. The Platform shall be deemed a passive website that does not give rise to personal jurisdiction over Jottful, either specific or general, in jurisdictions other than Michigan. You agree that this Agreement shall be governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles. You further agree that any claim or dispute between you and Jottful that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in Washtenaw Court, Michigan.
2. No Implied Waiver. No waiver by Jottful shall be implied. Any waiver of any term of this Agreement must be in writing and signed by an officer of Jottful.
3. Severability. If any portion of this Agreement is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable. The remaining provisions of this Agreement will remain in full force and effect.
4. Statute of Limitations. Any litigation or other dispute resolution arising out of or related to this Agreement must be commenced within one (1) year after the date of the event giving rise to the claim. Otherwise, such causes of actions are permanently barred.
5. International Considerations. Jottful makes no representations that the Platform or Services is appropriate or available for use in locations other than the United States. Those who access or use the Services from outside the U.S. do so at their own volition and are responsible for compliance with applicable laws.
6. Force Majeure. It shall not be a material breach of this Agreement, and neither party shall be liable to the other, if prevented from performing its duties or responsibilities under this Agreement by reason of any fire or other casualty, acts of God, earthquake, floods, explosions, interrupted power supply, attacks on technology infrastructure, sabotage, war, riots, acts of terrorism; inability to procure or a general shortage of labor, equipment, facilities, materials or supplies in the open market; strikes, court orders, laws, regulations, or orders of government or military authorities; or any other cause not within the control of such party whose performance is delayed
7. Assignment. Jottful may assign, subcontract, delegate, and transfer its rights and obligations under this Agreement to a third party. You may not assign or transfer your Account.
9. Entire Agreement. This Agreement (including the documents referenced in Section 1, above) is the entire agreement between you and Jottful relating to the stated subject matter. It can be modified by the parties in a writing signed by both parties, or by a change to these terms as expressly set forth in this Agreement.
10. Nature of Agreement. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. This Agreement does not create any right that may be enforced by a third party.
11. California Users and Residents. By the terms of California Civil Code Section 1789.3, any and all comments, questions or concerns can be addressed and sent to us via certified mail to: Agent of Jottful, 1000 Ravenwood Avenue, Ann Arbor, MI 48103 or email to: firstname.lastname@example.org. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA.