Effective October 13, 2015
1. INTRODUCTION AND ACCEPTANCEThese "Terms" apply to the Mobile App controlled by Sunbeam Products, Inc. d/b/a Jarden Consumer Solutions ("JCS", "we", "our", or "us") or its affiliated entities (sometimes referred to as "JCS-Related Entities", "us", "we", or "our") or anywhere else where these Terms are posted ("Mobile App"), whether accessed via personal computers, Mobile Apps or otherwise (collectively, "Access Device").
CAREFULLY READ THESE TERMS AND APPLICABLE ADDITIONAL TERMS BEFORE USING THE MOBILE APP, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS REQUIRE YOU TO GRANT US CERTAIN CONSENTS, RIGHTS AND LICENSES AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU. BY USING THE MOBILE APP, YOU AGREE TO THESE TERMS. DO NOT USE THE MOBILE APP OR USE OUR SERVICES, OR PURCHASE OUR PRODUCTS OR SERVICES AVAILABLE VIA THE MOBILE APP IF YOU DO NOT AGREE. BY USING THE MOBILE APP, YOU AGREE TO THESE TERMS.
2. INTELLECTUAL PROPERTYTrademarks.
The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on this Mobile App are the registered and/or unregistered Trademarks of JCS, or such other third party that may own the displayed Trademarks. Nothing contained on this Mobile App or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Mobile App without the written permission of JCS or such other third party that may own the displayed Trademarks.
Mobile App Contents and Copyright.
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Mobile App ("Content") are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or redistribution, nor may Content be modified, processed, or reposted to other Mobile Apps. Access to and uses of this Mobile App are solely for your purchase of JCS products for personal use, information, education and communication with JCS. You may download, copy or print the Content of this Mobile App for your personal non-commercial use only. No right, title or interest in any of the Content of this Mobile App is transferred to you as a result of downloading this Mobile App. All rights not expressly granted to you by these Terms are reserved.
3. ACCESS, CONTENT AND PROHIBITED USESAccess to and uses of this Mobile App are solely for your personal use, information, entertainment, and communication with JCS. You may not circumvent, disable or otherwise interfere with security-related features of the Mobile App, including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Mobile App or Mobile App Content. You may not reproduce, distribute, publicly display, publicly perform, create derivative works, publish, transmit Content or any element of the Mobile App, except as permitted by these Terms.
You may not rely on any information expressed within the Mobile App for any other purpose than permitted by these Terms. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Mobile App Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Mobile App Content.
You are prohibited from using the Mobile App or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Mobile App, other Mobile Apps, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Mobile App, other Mobile Apps, or the Internet. We reserve the right to terminate your account or otherwise deny you access to the Mobile App in our sole discretion for any or no reason without notice and without liability.
4. CONDITIONS FOR THIRD-PARTY LINKING TO MOBILE APPIn limited circumstances, we may permit third-party links to the Mobile App from any mobile app that is not commercially competitive with the Mobile App and does not criticize or otherwise injure us, so long as the mobile app where the link resides, and all other locations to which such Mobile App links, comply with all applicable laws. All of our rights and remedies are expressly reserved. Notwithstanding anything to the contrary contained in these Terms or applicable Additional Terms, we reserve the right to prohibit linking to the Mobile App for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.
Although third-party links may be posted on this Mobile App, the posting of those links or associated content does not constitute JCS' endorsement of such material. Similarly, although third-party products and services may be sold or purchased via links on this Mobile App, the sale and purchase of those products and services does not constitute JCS' endorsement of the same. JCS is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, direct, indirect, incidental, consequential or punitive damages, personal injury, or wrongful death in connection with third-party Mobile Apps, content, or products and services.
The mobile apps associated with third-party links on this Mobile App may be located in different countries, and those mobile apps and the products or services offered on those mobile apps are likely to be subject to the hosting country's regulatory or product requirements. Please review carefully the third party's terms and conditions, policies and practices, and make sure you understand them before you engage in any such third-party transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.
5. USER REGISTRATIONIn order to access or use some (or potentially all) of the features of the Mobile App, you may have to become, and remain opted-in as a registered user. If you are under the age of majority, then you are not permitted to register as a user or otherwise submit personal information to JCS.
Under these Terms, you agree to: (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your username or password with others and restricting access to your account and your Access Device; (e) promptly notify us if you discover or otherwise suspect any security breaches relating to your account or the Mobile App athttps://www.healthometernuyu.com/contact-legal-breach; (f) not sell, transfer or assign your username and password; and (g) accept sole responsibility for all activities that occur under your username and password, whether or not you have authorized the activity.
6. USER CONTENT AND PERSONAL INFORMATIONYour use of the Mobile App shall constitute a grant to JCS of the right, but not the obligation, to verify correctness of registration and services eligibility requirements. Any communication or material you transmit to the Mobile App, including any data, questions, comments, suggestions or the like is, and will be treated as non-confidential and non-proprietary. JCS and its affiliates shall have the right to print, publish, broadcast and use, worldwide, in any media now known or hereafter discovered and at any time, aggregated, anonymous information collected in your user profile such as age, gender, city and state, and activity results.
Anything you transmit or post via the Mobile App, including personal information that may be contained in such post, may be used by JCS or its affiliates for any purpose, including but not limited to, print, publish, broadcast, use worldwide, in any media now known or hereafter discovered and at any time, and for compliance and promotional purposes without additional compensation and without additional consent.
Mobile App End User Licenses. We hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use one copy of the Mobile App solely in executable code format and solely for your personal use for lawful purposes, on compatible access device(s) that you own or control with your account for those devices. An account is comprised of the shared resources accessible by a single login ID on one or access devices owned or leased solely by you for your personal use.
You shall not:
- modify, disassemble, decompile or reverse engineer the Mobile App;
- rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Mobile App to any third party or use the Mobile App to provide time sharing or similar services for any third party;
- make any copies of the Mobile App;
- remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile App, features that prevent or restrict use or copying of any content accessible through the Mobile App, or features that enforce limitations on use of the Mobile App; or
- delete the copyright and other proprietary rights notices on the Mobile App.
The foregoing license grant is not a sale of the Mobile App or any copy thereof, and we retain all rights, title, and interest in the Mobile App (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in the Terms is void.
The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. The rights granted by us may be terminated, revoked or rescinded and are subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any party, you agree to promptly provide us with detailed written notice thereof to: https://www.healthometernuyu.com/unrestricted-rights.
7. MOBILEThe Mobile App may include certain features and services that may be available via your access device, including, without limitation: (a) the ability to receive and reply to messages and to send content and messages using text messaging (Mobile Texts), and (b) the ability to access the Mobile App from your mobile phone (Mobile Web) (collectively, the "Mobile Services"). We do not charge for Mobile Services. Your carrier's normal messaging, data and other rates and fees will still apply. Certain Mobile Services may be incompatible with your carrier or Mobile App. By using the Mobile Services you affirmatively agree that we may communicate with you regarding the Mobile App and our partners by SMS, MMS, text message or other electronic means to your Mobile App and that certain information about your usage of the Mobile Services will be communicated to us.
You agree that in connection with the Mobile Services for which you are registered for, we may send communications to your Mobile App regarding us or other parties. Further, we may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify us of any changes to your mobile number and update your account(s) on the Mobile App to reflect this change.
8. INDEMNIFICATIONYOU AGREE TO INDEMNIFY AND HOLD US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, BUSINESS PARTNERS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS MOBILE APP OR BREACH OF THESE TERMS. YOU AGREE TO COOPERATE FULLY WITH US IN THE DEFENSE OF ANY CLAIM THAT IS THE SUBJECT OF YOUR OBLIGATIONS UNDER THESE TERMS.
THE MOBILE APP AND CONTENT PROVIDED ON THIS MOBILE APP ARE PROVIDED "AS IS" AND "WITH ALL FAULTS." JCS MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, AS TO ITS USE, CONTENT ACCURACY, APPROPRIATENESS, AVAILABILITY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE MOBILE APP OR CONTENT, OR PERFORMANCE OF THIS MOBILE APP, THAT THE WMOBILE APP WILL MEET YOUR REQUIREMENTS, TITLE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, CUSTOM, TRADE, QUIET ENJOYMENT, OR FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEB SITE OR ACCESSED THROUGH THE MOBILE APP. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR YOUR USE OR NON-USE OF THE MOBILE APP, AND JCS MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS MOBILE APP IS COMPATIBLE WITH YOUR ACCESS DEVICE OR FREE FROM ERROR OR VIRUSES. NO JCS EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW; JCS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS MOBILE APP AND ITS CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
10. FISCAL ACTIVITY DISCLAIMERYOU AFFIRMATIVELY AGREE THAT WE ARE NOT PROVIDING MEDICAL ADVICE VIA THE MOBILE APP. ALL CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL DATA, SELF ASSESSMENT, HEALTH, DIET OR EXERCISE GOALS, TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER USERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY.
YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON OR VIA THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT AVAILABLE THROUGH OR VIA THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF ANY CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL, OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND JCS OR ANY JCS-RELATED ENTITIES.
YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES, WHICH GENERATE THE USER CONTENT YOU POST OR SEEK TO POST ON OR VIA THE SERVICES (INCLUDING BUT NOT LIMITED TO RUNNING, WALKING, CYCLING, HIKING, TRIATHLON RELATED ACTIVITIES) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY, OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES, EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION, OR NEGLIGENCE OF JCS OR IT'S PARENT, AFFILIATES, OR SUBSIDIARIES, OR BY THE ACTION, INACTION, OR NEGLIGENCE OF OTHERS. YOU ALSO EXPRESSLY AGREE THAT JCS WILL NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, GROUP ATHLETIC ACTIVITY, OR EVENT THAT UTILIZES THE SERVICES.
YOU EXPRESSLY AGREE TO RELEASE US FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO YOUR PARTICIPATION IN OR ANY ATHLETIC ACTIVITIES), AND PROMISE NOT TO SUE JCS-RELATED ENTITIES FOR ANY CLAIMS, ACTIONS, INJURIES, DEATH, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO YOUR PARTICIPATION IN OR ANY ATHLETIC ACTIVITIES). YOU ALSO AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED, SOLD, OR LICENSED BY US WHILE ENGAGED IN ATHLETIC ACTIVITIES, (c) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (d) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY OF THE JCS RELATED-ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASE, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED UNDER APPLICABLE LAW.
11. LIMITATION ON LIABILITYYOU ACKNOWLEDGE, BY YOUR USE OF THIS MOBILE APP: (1) THAT YOUR USE OF THIS MOBILE APP IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS MOBILE APP; AND (3) THAT JCS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR MOBILE APP, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF JCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL JCS', ITS AFFILIATES', AGENTS', LICENSORS' OR SUPPLIERS' TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS MOBILE APP EXCEED ONE ($1) DOLLAR.
FURTHERMORE, YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE MOBILE APP, THESE TERMS OR APPLICABLE ADDITIONAL TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. FAILURE TO BRING THE CLAIM OR CAUSE OF ACTION WITHIN THE ONE (1) YEAR PERIOD SHALL RESULT IN THE CLAIM OR CAUSE OF ACTION BEING PERMANENTLY BARRED.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, JCS, ITS PARENT'S, SUBSIDIARIES', AFFILIATES', AGENTS', BUSINESS PARTNERS' LICENSORS' AND SUPPLIERS' DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW IN THOSE JURISDICTIONS.
12. TERMINATIONWe reserve the right in our sole discretion and at any time to terminate or suspend your registration or block your access to the Mobile App for any reason, including, without limitation, if you have failed to comply with the letter and spirit of these Terms or applicable Additional Terms. You agree that JCS shall not be liable to you or any third party for any termination or suspension of your registration or for blocking your access to the Mobile App.
If you become a registered user, you may terminate your registration at any time by sending an e-mail to https://www.healthometernuyu.com/contact-legal-termination.
Any suspension or termination shall not affect your obligations under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your account or these Terms shall survive, including, without limitation, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, and all of the miscellaneous provisions. Upon suspension or termination of your Account, you will immediately discontinue use of the Mobile App, including deleting any downloaded Mobile App Content from your access device.
13. COPYRIGHT DISPUTE POLICYPursuant to our rights under the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Mobile App. You may mail or e-mail your notice to: 2381 Executive Center Drive, Boca Raton, Florida 33431: E-Mail: email@example.com.
To be effective, your infringement notification must include the following:
- 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 at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
- The following statement: "I have 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
- The following statement: "The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- JCS will remove or disable access to the content that is alleged to be infringing;
- JCS will forward the written notification to the alleged infringer; and
- JCS will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
DMCA Infringement Counter Notification.Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from JCS, the alleged infringer will have the opportunity to respond to JCS with a counter notification ("Counter Notification"). To be effective, a Counter Notification must be a written communication provided to JCS' designated copyright agent, and must include the following:
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
- The following statement: "I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled"; and
- The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber address is located, or if the subscriber's address is outside of the United States, or any judicial district in which JCS may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
14. CHOICE OF LAW; JURISDICTION AND VENUEThese Terms shall be construed in accordance with the laws of the United States and the State of Florida without regard to its conflict of laws rules. Any legal proceedings against JCS that may arise out of, relate to, or be in any way connected with our Mobile App, these Terms or applicable Additional Terms, shall be brought exclusively in the state and federal courts located in Palm Beach County, Florida and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
15. AMENDMENT AND ADDITIONAL TERMSWe reserve the right to modify, change, or add terms, or features of the Mobile App at any time, and at our sole discretion. Any sweepstakes or contests will be subject to additional rules, conditions and terms ("Additional Terms" or "Official Rules"). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms and will become effective from the date they are posted on the Mobile App. To the extent any Additional Terms conflict with these Terms, the Additional Terms will control.
Events Beyond Our Control.You expressly release JCS from any claim of harm resulting from a cause beyond our control, including, without limitation, failure of electronic or mechanical equipment or communication lines, Access Devices, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars or governmental restrictions.
Consent to Electronic Communications.By registering via this Mobile App or by sending e-mails or text messages to us, you are communicating with us electronically. And in doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail, text message, or by posting notices on this Mobile App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
No Assignment or Third Party Beneficiaries.These Terms may not be assigned by you to anyone. No provision of this Agreement is intended to create, or creates, any rights in or benefits to any third party.