User Agreement
Welcome to Jarekk! These terms and conditions ("Terms") govern your use of our website and any products or services provided by Jarekk. By accessing or using our website or any of our products or services, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from using or accessing our website or any of our products or services.
Please read these Terms carefully before using our website or purchasing any of our products or services. Your access to and use of our website or products or services are conditioned on your acceptance of and compliance with these Terms. By accessing or using any part of our website or products or services, you agree to be bound by these Terms. If you do not agree to these Terms, then you may not access or use our website or products or services.
These Terms apply to all visitors, users, and others who access or use our website or products or services. If you are accessing or using our website or products or services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. In that case, "you" and "your" will refer to that entity. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms or access or use our website or products or services.
You must be at least 18 years of age to use our website. By using our website and by agreeing to these Terms, you warrant and represent that you are at least 18 years of age. If you are under 18 years of age, you must obtain parental or guardian consent to use our website. Persons under the age of 13 are prohibited from using our website.
Subject to the provisions of these Terms, you may view, download for caching purposes only, and print pages from our website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms. You must not:
You must not use our website in any way that causes, or may cause, damage to the website 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 our website 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 our website without our express written consent.
Our website may contain user-generated content. You are solely responsible for any content you contribute to our website, including text, images, audio material, video material, and audio-visual material. By contributing content to our website, you grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your content in any existing or future media. You also grant us the right to sublicense these rights and the right to bring an action for infringement of these rights.
You warrant and represent that your content will comply with these Terms and all applicable laws and regulations. You further warrant and represent that your content will not infringe any third party's intellectual property rights, violate any third party's privacy, or constitute defamation, libel, or slander.
We reserve the right to remove any content from our website at any time, for any reason, without notice. We do not guarantee the accuracy, completeness, or usefulness of any content on our website, and we do not endorse any opinions expressed by users. You acknowledge that any reliance you place on such information is strictly at your own risk. You should seek independent professional advice before acting on any information contained on our website.
Our website may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. Your interactions with such websites or services are governed by the terms and conditions and privacy policies of those websites or services, which may differ from our own.
To the fullest extent permitted by applicable law, Jarekk, its affiliates, officers, directors, employees, agents, suppliers, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of or inability to use our website or any products or services provided by us.
In no event shall Jarekk or its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any direct damages in excess of the amount you paid to us for the product or service giving rise to the claim. This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless Jarekk and its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with your use of our website or any violation of these Terms or any applicable laws, regulations, or third-party rights.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
This indemnification obligation will survive the termination or expiration of these Terms and your use of our website or any products or services provided by us.
These Terms shall be governed by and construed in accordance with the laws, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Services shall be submitted to the exclusive jurisdiction of the courts, and each party irrevocably consents to the jurisdiction and venue of such courts.
Jarekk reserves the right to modify or revise these Terms at any time without prior notice. By continuing to access or use the Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are not authorized to use the Services.
It is your responsibility to review these Terms periodically for changes. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes. If you do not agree with the terms of this agreement or any changes thereto, you must immediately cease using the Services.
Any dispute arising out of or relating to these Terms or the Services shall be resolved through negotiation between the parties. If the parties are unable to resolve the dispute through negotiation within thirty (30) days, either party may initiate binding arbitration as the sole and exclusive remedy for such dispute. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) in the jurisdiction.
The arbitration shall be conducted by a single arbitrator appointed by the AAA. The arbitrator's decision shall be final and binding on the parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and expenses, including attorneys' fees, associated with the arbitration proceedings.
Notwithstanding the foregoing, Jarekk reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or enjoin any unauthorized use, disclosure, or infringement of its intellectual property rights or other proprietary rights.
You agree that any arbitration or legal proceedings shall be conducted on an individual basis and not in a class, consolidated, or representative action. You hereby waive any right to participate in any class action or class-wide arbitration, whether as a class representative, class member, or otherwise.
If for any reason a claim proceeds in court rather than in arbitration, you and Jarekk each waive any right to a jury trial. You further waive any right to claim damages in excess of those expressly permitted by these Terms, including punitive, incidental, consequential, or indirect damages.
This waiver of class action and jury trial shall survive any termination or expiration of these Terms and your use of our website or any products or services provided by us.
These Terms constitute the entire agreement between you and Jarekk regarding the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to such subject matter. These Terms may not be modified or amended except in writing signed by both parties or by Jarekk as provided in these Terms.
If any provision of these Terms is held to be invalid or unenforceable by a court or other tribunal of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect. Any invalid or unenforceable provision shall be deemed modified to the extent necessary to make it valid and enforceable while preserving its intent to the maximum extent possible.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.