Terms of Service
August 24, 2022
All copyright rights in the text, images, photographs, graphics, user interface, source code, object code, and other content provided on the Service, and the selection, coordination, and arrangement of such content, are owned by JointCommerce or its third-party licensors, to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, transmitting, reverse-engineering, or re-selling any of the contents of the Service for any purposes. Nothing stated or implied on the Service confers on you any license or right under any copyright of JointCommerce or any third party. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the Service is strictly prohibited, without the prior written consent of JointCommerce. Requests for permission to reproduce any information contained in this Service should be addressed to JointCommerce at James@jointcommer.co. Systematic retrieval of data or other content from this Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from JointCommerce is prohibited.
JointCommerce respects the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide JointCommerce with the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512 to [firstname.lastname@example.org, 123 23rd Street, Costa Mesa, CA 92627]:
- 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, or if multiple copyrighted works are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- 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.
Trade and Service Mark Rights
All rights in the product names, company names, trade names, logos, product packaging, and designs of all JointCommerce or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to JointCommerce or their respective owners and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Service confers on you any license or right under any patent or trademark of JointCommerce or any third party. You acknowledge that the Service contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material that are protected by copyrights, trademarks, or other proprietary rights and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.
Links to Third-Party Services
This Service may contain links to other Services (“Linked Services”). The Linked Services are not under the control of JointCommerce and JointCommerce is not responsible for the contents of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. JointCommerce is providing Linked Services to you only as a convenience, and the inclusion of such Linked Services is not an endorsement by JointCommerce in favor of any company offering Internet services, products, or services on the Linked Services.
You are required to comply with all applicable law in connection with your use of the Service, and such further limitations as may be set forth in any written or on-screen notice from JointCommerce. As a condition of your use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement.
Prohibited Uses Generally
Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to, or through the Service that:
- is copyrighted, unless you are the copyright owner; reveals trade secrets, unless you own them; infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous, or embarrassing to any other person or entity as determined by JointCommerce in its sole discretion; is sexually-explicit; constitutes advertisements or solicitations of business, surveys, contests, chain letters, or pyramid schemes; contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information; or violates any applicable law or regulation.
You further agree not to:
- use any incomplete, false, or inaccurate biographical information or other information for purposes of registering as a user of the Service; delete or revise any material or other information of JointCommerce; harvest or otherwise collect information about others, including E-mail addresses, without their consent; take any action that imposes an unreasonable or disproportionately large load on the Service’s infrastructure; use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on this site; use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service other than search functions and search agents available from JointCommerce on the Service and other than generally available third-party web browsers as applicable (e.g., Google Chrome and Microsoft Internet Explorer); or allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.
You further agree not to violate or attempt to violate the security of the Service, including, without limitation:
- accessing data not intended for you or logging into a server or account that you are not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, the Service;
- sending unsolicited e-mail, including promotions and/or advertising of products or services; or
- forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. JointCommerce will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
JointCommerce reserves the right to review submissions, postings, or comments on its Service, to remove any such submissions, postings, or comments, and to terminate your ability to post to the Service at any time without notice, in its sole discretion. JointCommerce also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part.
JointCommerce does not claim ownership of any information or material you transmit, distribute, post, communicate or store on, to, or through the Service. However, by utilizing the Service or submitting or posting information or material on, to, or through the Service, you grant JointCommerce a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive right (including any moral rights) and license to use, modify, adapt, publish, translate, create derivative works from, distribute and perform privacy compliant services with the intent of enhancing the JointCommerce technology suite in a manner consistent with the remainder of this agreement and that does not violate any local, state or federal law.
JointCommerce is under no obligation to maintain any posting, comments, or submissions you make and may remove any posting at any time in its sole discretion. By posting or submitting content to this Service, you also warrant and represent that you own or otherwise control all the rights to the content of any public posting, and that use of your content by JointCommerce will not infringe or violate the rights of any third party.
Online Privacy Statement
JointCommerce is committed to ensuring that our Website, mobile applications, as well as, our products and services are generally accessible to people of all abilities. JointCommerce is actively engaged in the ongoing process of developing, testing, and updating these platforms using the World Wide Web Consortium’s (W3C) Web Content Accessibility Guidelines (WCAG) 2.0, Level AA, as a guideline. We test and will continue to test our Website on a periodic basis with assistive technology such as screen readers and screen magnifiers, and with users with disabilities who use these technologies. If at any time you have specific questions or concerns about the accessibility of any particular web page on this Website, please contact us at [email@example.com], and we will make all reasonable efforts to make that page accessible for you.
Disclaimer of Warranties
EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED “AS IS.” JOINTCOMMERCE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICE, INCLUDING ANY PART THEREOF, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE. JOINTCOMMERCE DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JOINTCOMMERCE DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY JOINTCOMMERCE OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
Limitation of Liability
IN NO EVENT WILL JOINTCOMMERCE OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SERVICE, OR ON ANY WEBSITE LINKED TO THIS SERVICE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS SERVICE OR ANY SITE LINKED TO THIS SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY’S RECORDS, PROGRAMS, OR SERVICES. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF JOINTCOMMERCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HEREBY ACKNOWLEDGE THAT THIS SECTION SHALL APPLY TO ALL SERVICES, INCLUDING, WITHOUT LIMITATION, PRODUCTS, SERVICES, AND CONTENT AVAILABLE THROUGH ALL PROMOTIONAL CHANNELS OF JOINTCOMMERCE’S SERVICES INCLUDING, BUT NOT LIMITED TO, THE INTERNET, TELEPHONE, CATALOG, RADIO, TELEVISION, MOBILE DEVICE, SOCIAL MEDIA PLATFORM, AND ANY PHYSICAL LOCATIONS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, JOINTCOMMERCE’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
UNLESS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, ALL PRICES AND DISCOUNTS FOR ANY AND ALL PRODUCTS OR SERVICES OFFERED FOR SALE (“OFFERS’) ARE EXCLUSIVE OF APPLICABLE SERVICE AND SHIPPING CHARGES AND FEDERAL, STATE AND LOCAL TAXES. THE COMPANY RESERVES THE RIGHT, WITHIN ITS SOLE DISCRETION, TO REFUSE TO ACCEPT AND PROCESS ANY AND ALL CUSTOMER ORDERS AND TO SUSPEND, DISCONTINUE, AND REFUSE THE USE OR ACCEPTANCE OF ANY AND ALL OFFERS, PROMOTIONS, OR DISCOUNTS IN THE EVENT OF ADVERTISING ERRORS AND/OR THE ACTUAL OR SUSPECTED MISUSE, FRAUD OR ABUSE ASSOCIATED WITH SAID PROMOTIONAL OFFERS OR CUSTOMER ORDERS.
IN NO EVENT SHALL JOINTCOMMERCE OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE SERVICE, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF JOINTCOMMERCE OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Upon a request by JointCommerce, you agree to defend, indemnify and hold harmless JointCommerce and its subsidiaries, affiliates, officers, agents, co-branders, or other partners and employees from all liabilities, claims, and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of the content you submit, post to or transmit through this Service, your use of the Service, your violation of this Agreement or your violation of any rights of another.
Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of law rules. You and JointCommerce expressly agree to submit to the exclusive jurisdiction and venue of the courts in Delaware in all disputes arising out of or relating to the use of this Service.
Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and JointCommerce and governs your use of this Service, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and JointCommerce. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
The failure of JointCommerce to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
No Professional Advice
Any information supplied by any employee or agent of JointCommerce, whether by telephone, E-mail, letter, facetime, Internet transmission, or another form of communication, is intended solely as general guidance on the use of the service, and does not constitute legal, tax, accounting, marketing, or other professional advice. Individual situations and state laws vary, and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. Any statement of facts contained on any JointCommerce Website or in market comments, which may be posted on a JointCommerce Website, are derived from sources believed to be reliable, but are not guaranteed accuracy, nor do they purport to be complete. No responsibility is assumed with respect to any such statement, nor with respect to any expression of opinion herein contained.
United States Service
The Service is controlled by the Company from its offices within the United States of America. The Company makes no representation that this Service or the Content is appropriate or available for use in other locations, and access to them from territories where the Content is illegal is prohibited. Those persons and entities that choose to access this Service from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and JointCommerce because of this Agreement or your use of this Service. Nothing contained in this Agreement is in derogation of JointCommerce’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by JointCommerce with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be JointCommerce permissible in judicial or JointCommerce administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If we decide to change any of these terms or conditions, we will post those changes, and the date we made those changes, here, so please check back often. If you have any questions or comments about this Agreement, you may contact JointCommerce by e-mail at [firstname.lastname@example.org].
You agree that any and all claims, disputes, controversies, actions, or proceedings relating to, or arising out of, the creation, production, manufacture, distribution, promotion, marketing, advertising (including oral and written statements), use of, exploitation, or sale of any and all products and services of JointCommerce and its Affiliates, through all merchandising channels, including, but not limited to, the internet, this Service, telephone, catalog, radio, television, mobile device and participating retail stores or the Content (collectively referred to as “Claims”), shall be governed by the internal substantive laws of the State of Delaware without regard to its conflict of laws principals Any Claim you may have must be commenced within one (1) year after such claim arises.
JointCommerce. All rights reserved.
In addition to information processed as part of the normal operation of the JointCommerce platform, there are four types of information that this site may collect during your visit: completed purchase information, consumer emails hashed for privacy compliance, cookies, and other information voluntarily provided by you.
INFORMATION WE GATHER
As part of the normal operation of the JointCommerce platform, JointCommerce receives point-of-sale data from its partners that is married to personally identifiable information. Before any data is processed by the JointCommerce platform, all personally identifiable information is anonymized by JointCommerce. JointCommerce does not store personally identifiable data in raw format.
JointCommerce may also gather information to communicate with you and to provide services through the JointCommerce platform, but also to help improve our products and customer service. All of the above processing is necessary to provide services to you; is necessary for us to comply with a relevant legal obligation; is in our legitimate interests, subject to your interests and fundamental rights, and notably our legitimate interest in using applicable data to conduct and develop our business activities; or you have consented to the processing.
The types of additional information we may collect include:
- Network Traffic Logs – In the course of ensuring network security and consistent service for all users, JointCommerce employs software programs to do such things as monitor network traffic, identify unauthorized access or access to nonpublic information, detect computer viruses and other software that might damage JointCommerce computers or the network, and monitor and tune the performance of the JointCommerce network. In the course of such monitoring, these programs may detect such information as e-mail headers, addresses from network packets, and other information. Information from these activities is used only for the purpose of maintaining the security and performance of JointCommerce networks and computer systems. Any incidental personally identifiable information obtained from these activities is not released to external parties without your consent unless required by law.
- Web/Platform Visit Logs – The JointCommerce platform and JointCommerce websites routinely collect and store information from online visitors to help manage those sites and improve service. This information includes the pages visited on the site, the date and time of the visit, the internet address (URL or IP address) of the referring site, the domain name and IP address from which the access occurred, the version of browser used, the capabilities of the browser, and search terms used on our search engines. The JointCommerce platform makes no attempt to identify individual visitors from this information: any personally identifiable information is not released to external parties without your consent unless required by law.
- Consumer Personally Identifiable Information – As a function of JointCommerce’s platform attribution analytics, JointCommerce will collect personally identifiable information from an online point of sale system that end users provide access to via authorized API. JointCommerce does not store any personally identifiable information in its raw format. All personally identifiable data is hashed for encryption and anonymized before entering our system. All customer records are anonymized to protect consumer privacy.
- Your Personal Information – To inform us of inaccuracies or changes to the personal information we hold for you, please contact us at [email@example.com] JointCommerce will, in accordance with applicable law, update, grant access to or delete such information. Please note, that requests to correct or delete personal information are subject to any applicable legal and ethical reporting or document retention obligations imposed on us.
JointCommerce does not process, collect, or store payment information. If you have concerns about your personal and/or payment information and would like to which specific vendors have processed your information, please contact: [firstname.lastname@example.org].
How We Use/Share The Information We Collect
JointCommerce, and its affiliates do not sell customer information sourced through JointCommerce to third parties for any reason. JointCommerce does not share customer information with any third-parties other potentially as necessary for the purpose of performing the Services associated with the JointCommerce platform exclusively for the end-user and owner of the information. We use the information we collect to communicate with you, process your requests, enable marketing services for the data owner and only for the data owner, improve our products and services (such as by responding to your feedback), and to conduct internal research about the JointCommerce platform.
All data entered and stored in JointCommerce by Licensee is the property of the Licensee. Licensee understands and grants JointCommerce access to data collected by Licensee for the purpose of making any necessary system modifications, providing technical support, and service, and managing and maintaining a repository of data that can be used only for enhancing JointCommerce services. JointCommerce agrees to take all reasonable efforts to safeguard the data to ensure data security and consumer privacy. JointCommerce agrees to comply with all state and federal statutes and regulations and contractual conditions regarding the protection, use, and analysis of data entered into the JointCommerce platform.
In certain situations, we may be required to disclose personal data in response to lawful requests from public authorities, including to comply with national security or law enforcement requirements. We reserve the right to disclose the information we collect from you, or that you provide to us, as required by law, in response to legal processes and law enforcement requests, when we believe, in good faith, that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, respond to a government request, and to protect the rights or property of JointCommerce, its users, customers, recipients, and vendors.
Maintenance of Information
We may retain your information in accordance with our data retention policies and for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes, and enforce our agreements, or until you request us to stop using it. We may, however, keep some of your personal information to ensure that we comply with your request not to use your personal information or comply with your right to erasure. For example, we must keep your request to be erased, even if it includes your personal data, until such time as you are no longer our customer. If you have questions about our data retention policies or would like a copy of such policies, please contact us as noted below.
Portions of the Service may require registration and log-in processes in which you will select a user ID and password (collectively, the “Password”). Passwords provided to you by us are the confidential property of JointCommerce and may be used by you solely for your individual use of the Service (and otherwise as specified by us). You are responsible for maintaining the confidentiality of any Password and for all activities that occur using your Password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your Password or accounts.
How to contact us
To update your information, inquire as to what information of yours if any, we are maintaining, request deletion or removal of your information, or for any other privacy-related inquiries, please contact us by email at [email@example.com]