Last updated: March 4, 2024

JW Services Website Term & Conditions

Acceptance of Terms.

Terms Updates

General Conditions and Access and Use

Authorization to Access and Use Site and Content
Subject to your compliance with these Terms and the provisions, you may access or use the Site and Content solely for the purpose of your evaluation of JW an JW's products and services. You may only link the Site or Content, or any portion thereof, as expressly permitted by JW.

Links to Third Party Site
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under control of JW and JW is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. JW is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by JW of the Linked Site or any association with its operators.

Third Party Content
You acknowledge and agree the Site may contain content that is provided by third parties, including, without limitation, other users of the Site. You understand that, except for information, products, or services clearly identified as being supplied by JW, JW does not operate, control, or endorse any information, products, or services on the Site in any way. Except for JW-identified information, products, or services, all information, products, and services offered on the Site generally are offered by third parties that are not affiliated with JW. JW is not responsible for third party content, nor for review or editing any third-party content. Any opinions, advice, statements, services, offers, or other information contained in third party content are those of their respective authors and not of JW or any of its affiliates. The information in this site could include technical or other inaccuracies or typographical errors. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided through the Site. In addition JW reserves the right to delete from the Site any content that you provide or post to the Site.

No Unlawful or Prohibited Use
As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden or impair the Site or interfere with any other party's use and enjoyment of the Site. You many not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Use of Intellectual Property

Rights in User Content
By posting our information and other content ("User Content") on or through the Site and Content, you grant JW a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub licensable and transferable license to use, modify, reproduce, distribute, display, publish, and perform User Content in connection with the Site and Content. JW has the right, but not the obligation, to monitor the Site and Content and User Content. JW may remove or disable any User Content at any time, for any reason, or for no reason.

Unsecured Transmission of User Content
You understand that the operation of the Site and platform, including User Content, may be unencrypted and involve transmission to JW's third party vendors and hosting partners to operate and maintain the Site and Content. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection, and backup of User Content. JW will have no liability to you for any unauthorized access or use of any User Content, or any corruption, deletion, destruction, or loss of any User Content.

Feedback
You may submit ideas, suggestions, or comments ("Feedback") regarding the Site and Content or JW's business, products, or services. By submitting any Feedback, you acknowledge and agree that (a) your Feedback is provided by you voluntarily and JW may, without any obligations or limitation, use and exploit such Feedback in any manner for any purpose, (b) you will not seek and are not entitled to any money or other form of compensation, consideration, or attribution with respect to your Feedback regardless of whether JW considered or used your Feedback in any manner, and (c) your Feedback is not the confidential or proprietary information of you or any third party.

Your Representations and Warranties
You represent and warrant to JW that your activity on the Site and JW's possession and use of User Content as contemplated in these Terms do not and will not violate, infringe, or misappropriate any third party's copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does User Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive, or harassing.

Termination of Access Due to Violations
JW may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms will cause irreparable harm to JW, for which monetary damages would be inadequate, and you consent to JW obtaining any injunctive or equitable relief that JW deems necessary or appropriate in such circumstances, without limiting JW's other available remedies. Further, JW may, in its sole discretion and without prior notice, terminate your access to the Site, for cause which includes, but is no limited to, (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of the Site or any service offered on or through the Site, or (3) unexpected technical issues or problems.

NO WARRANTIES AND DISCLAIMER BY JW

THIS SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL ERRORS AND DEFECTS AND WITHOUT ANY WARRANTIES OF ANY KIND, AND JW EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY REPRESENTATIONS OR WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT JW DOES NOT WARRANT THAT YOUR ACCESS OR USE OR BOTH OF THE SITE AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS-FREE, AND JW DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE AND CONTENT. NO INFORMATION, ADVICE, OR SERVICES OBTAINED BY YOU FROM JW OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS ADN YOU SHOULD NOT RELY ON THE SITE AND THE GENERAL CONTENT ALONE AS THE BASIS FOR BUSINESS DECISIONS.

JW reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, for any reason; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limited Liability

Exclusion of Damages and Limitation of Liability
JW does not charge fees for you to access and use the Site and Content pursuant to these Terms. The Site does not conduct commercial transactions; the Content is comprised of general information and describes some of the basic elements of JW's services. As consideration for your free access and use of the Site and Content pursuant to these Terms, you further agree that JW WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE) ARISING OUT OF OR RELATING TO THESE TERMS, INCLUDING WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, PLATFORM, MATCHING SERVICES, CONTENT, PROPRIETARY INFORMATION, OR ANY INTERRUPTION OR DISRUPTION OF SUCH USE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE). THE AGGREGATE LIABILITY OF JW WITH REGARD TO THESE TERMS WILL IN NO EVENT EXCEED $1.00 USD.

Jurisdictional Limitations
Some states and other jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, JW'S TOTAL LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Copyright and Trademark Notices

All Content on the Site are Copyrighted 2024 JW and or/its suppliers. All rights reserved.

Trademarks
The names of companies and products mentioned on the Site may be the trademarks of their respective owners.

Notices and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to the Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

JW will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (DMCA). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive a notice from the notification provider that a legal action has been filed seeking a court order in the dispute or to any other third parties, at our discretion, and as required by law. JW's privacy policy does not protect information provided in these notices.

Note: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING JW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PRIVACY REPORTS WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

Notification
If you believe that your work was copied or posted on JW's website in a way that constitutes copyright infringement, please contact our designated agent at the email address below:

JW
785 Bluebird Ridge
Jamestown, TN 38556
Email: kym.welp@welplaw.com

If your concern is with content you posted to any JW webpage, please note that by submitting, posting, or displaying your content on our site, you grant JW and its ends users a worldwide, royalty-fee, non-exclusive license as specified in these Terms.
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If your content has not been posted to the Site previously, your notification must include the following information:
1. A description of the copyrighed wrk you claim to have been infringed. If you are not the owner of the copyrighted work, you must also include your electronic or digital signature as a person authorized to act on behalf of the copyright owner;
2. A description of where the material you claim is infringing is located on our website;
3. Information reasonably sufficient to permit JW to contact you, such as an address, telephone number, and if available, an email address at which you may be contacted;
4. A statement that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
5. A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Upon receipt of the written notification containing the information outlined in 1 through above:
1. JW shall remove or disable access to the material that is alleged to be infringing;
2. JW shall forward the written notification to such alleged infringer, if the alleged infringer can be identified and their contact information obtained through reasonable efforts; and
3. JW shall take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.

Counter Notification

To be effective, a Counter Notification must be a written communication provided to JW's Designated Agent that includes substantially the following:
1. A physical or electronic signature of the alleged infringer;
2. Identification of the material that has been removed or to which access has been disabled and location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
4. The alleged infringer's name, address, and telephone number, and a statement that the alleged infringer contents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer's address is outside of the United States, for any judicial district which JW may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
1. JW shall promptly provide you, the complaining party, with a copy of the Counter Notification;
2. JW shall inform you that it will replace the removed material or cease disabling access to it within 10 business days;
3. JW shall replace the removed material or cease disabling access to the material within 14 business days following receipt of the Counter Notification, provided JW's Designated Agent has not received notice from you that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on the Site.

Miscellaneous

Dispute Resolution & Jury Waiver
THESE TERMS ARE MADE UNDER, AND WILL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF TENNESSEE, WITHOUT GIVING EFFECT TO PRINICPLES OF CONFLICTS OF LAW. In any action, whether arising out of these Terms or otherwise, each of the parties irrevocably and unconditionally: (a) consents and submits to the exclusive jurisdiction and venue of the state and federal courts located in Fentress County, Tennessee; and (b) WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY TRANSACTIONS CONTEMPLATED UNDER THIS AGREEMENT.

No Reliance
You agree, given the general and "as-is" nature of the Sit and Content, you are not specifically relying on any statements or materials contained on the Site or in the content to make any business decisions. Organizational strategy consulting, technology implementation, and resource allocation are inherently complex and unique. Should you choose to inquire into whether JW's services is right for you, you will have an opportunity to make additional inquiries to JW and you should make an independent investigation of the suitability of using JW for your particular business needs. Only after appropriate due diligence, through your review of JW's service offerings, including these Terms and any additional service agreements, should you come to any conclusions or make any decisions as to whether JW is right for your specific business needs.

Modification
These Terms, and any additional, changes, edits, and/or modifications by JW, together with JW's Privacy Policy, constitute the entire agreement between the parties with respect to the Site. Access to password-restricted software solutions, and any subsequent procurement and use of JW's services is subject to additional agreements.

These Terms and any additions, changes, edits, and or modification made by JW cannot be amended except by JW. Failure of JW to exercise or enforce any right or provision of these Terms will not be a waiver of that right.

Notices
Any notices to JW in connection with this agreement will be made by mail to via a nationally recognized carrier to JW Services, LLC, 785 Bluebird Ridge Rd, Jamestown, TN 38556, ATTN: Legal.

Severability
If any provision of these Terms is determined to be illegal or unenforceable, that provision will first be revised to give the maximum possible effect to its original intent, or if revision is not permitted, the provision will be eliminated and the remaining provisions of the Terms will otherwise remain in full force and effect.