Last Modified: March 13th, 2020
COMPANY Web Site Terms and Conditions (“Terms”)
Please read the following Terms carefully before using JKP Solutions LLC’S (“COMPANY”, “our” or “we”) web site, www.jkpholdings.com, including but not limited to the portal.jkpholdings.com Web Site, as well as any online features, services and/or programs offered by COMPANY (collectively, the “Web Site”). By accessing or using the Web Site, you agree to the following Terms. You should review these Terms regularly as they may change at any time at the sole discretion of COMPANY. If you do not agree to any portion of these Terms, you should not access or otherwise use the Web Site. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Web Site.
We will make an effort to update this web page with any changes to these Terms and/or to the services described in these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appear at the end of these Terms).
Terms related to Online Account Access to your account(s) that you have with COMPANY (“Account”) is set forth in Paragraph 3 herein.
1. CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS. By merely providing access to the Web Site, COMPANY does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) COMPANY has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Web Site will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Web Site is accurate or complete. Your use of the Web Site and the services offered therein are subject to federal law, the law of the state where COMPANY maintains your Account, or, if COMPANY transfers your Account to another location, where COMPANY currently maintains your Account (“Applicable Law”).
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE WEB SITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN.
2. SITE USE AND CONTENT. You may view, copy or print pages from the Web Site solely for personal purposes. You may not otherwise use, resell, advertise, modify, copy, print, display, reproduce, distribute or publish any information from the Web Site without the express, prior, written consent of COMPANY. At any time, we may, without further notice, make changes to the Web Site, to these Terms and/or to the services described in these Terms.
Subscriber shall not edit, alter, abridge or otherwise change in any manner the content of the Service, including, without limitation, all copyright and proprietary rights notices. Subscriber may not, and may not permit others to:
- reverse engineer, decompile, decode, decrypt, disassemble, or in any way derive source code from, the software or Service;
- modify, translate, adapt, alter, or create derivative works from the Service;
- copy (other than one back-up copy), distribute, publicly display, transmit, sell, rent, lease or otherwise exploit the Service; or
- distribute, sublicense, rent, lease, loan, or grant any third party access to or use of the Service to any third party.
- use the Licensed Products for the purposes of competing with COMPANY, including without limitation competitive intelligence.You agree that the Service and Feed specifications, including without limitation the editorial coding and metadata contained therein, are the property of COMPANY or COMPANY’S licensors. The works and databases included in the content of the Service are protected by applicable copyright laws. You agree that only Authorized Users shall be permitted access to the Service. Except as set forth herein, no clients or other persons or entities who are not legal employees of you or independent contractors consulting for you in the ordinary course of Subscriber’s business may be Authorized Users. You shall not reverse engineer, decompile or disassemble any part of the Service. You further agree that neither you nor any Authorized User shall store (except as permitted under Section 1(d)(ii) for retrieval and display purposes only), copy, reproduce, retransmit, disseminate, sublicense, sell, distribute, publish, broadcast, circulate, create derivative works (including, without limitation, trading algorithms), test algorithms in conjunction with, or distribute by any means the Service in whole or in part to anyone, including, but not limited to, other employees of you, without COMPANY’S express prior written consent; provided, however, that Authorized Users may on an occasional basis in the normal course of business include limited portions of the Service (a) in oral and (with proper attribution to the respective Service) non-electronic written communications with clients and other employees, and (b) in email and instant messaging communications with other employees and/or securities professionals. Without limiting the foregoing, under no circumstances shall distribution under this Section by you be permitted if such distribution may be viewed as a substitute for a subscription to the Service itself. You agree that when using the Service in this way, the facts, content and intent of the Service will not be changed in form or in spirit or otherwise in any way be prejudicial to the integrity of the Service or COMPANY.
3. USER ACCOUNT, PASSWORD, SECURITY AND ELECTRONIC ACCOUNT SERVICES.
(a) DEFINITIONS. The following definitions govern the terms of this Paragraph 3 and as used elsewhere in these Terms:
- Bill Payment Cutoff Time means 11:59 p.m. Eastern Time on any Business Day and is the time by which you must transmit Payment Instructions for such Payment Instructions to be considered effective for that particular Business Day.
- Business Day means every day except Saturdays and Sundays and federal holidays.
- Linked Accounts [If users will be allowed to manage all their Accounts for different properties from one online account, a description of what the customer may do with each Account will be provided here.]
- Payment Account means your personal or business checking, savings, or money market account from which COMPANY bill payments for your Account(s) may be made by you. COMPANY recommends that you confirm with your banking institution any fees that you may be changed for bill payments from your Payment Account before designating a banking account as a Payment Account (e.g., your money market account may permit a limited number of transfers before fees are imposed).
- Payee means COMPANY or its subsidiary to which you direct a payment.
- Payment Instructions means the information provided by you for a bill payment to be made to Payee (i.e., banking account number, ABA number, payment date, payment amount, and any additional information).
- Payment Due Date means the Business Day of your choice and as designated by you upon which your payment will be received by Payee and your Payment Account will be debited. Note: Your Payment Due Date may be no later than the “Due Date” set by COMPANY for your most current bill.
- Pending Bill Payment means a pending bill payment authorized by you through the Online Service that has not been debited to your Payment Account.
(b) ONLINE ACCOUNT ACCESS. For certain types of features available through the Web Site, including the Online Account Access features (the “Online Service”), we require the use of encryption technologies provided for your protection and/or your use of a user identification name (“UserID”) and password after setting up a user account (“User Account”). The Online Service is available by clicking on the Online Account Access login at portal.jkpholdings.com. For self-enrollment, you must provide Account-specific information to authenticate yourself (e.g., Account owner name and address, Account number and meter number). In these Terms, “you” and “your” refer to each person, or, if applicable, the entity who is an owner, signer, or has unrestricted access to a User Account and each person that uses the Online Service with your permission (“Authorized User”). You may never use another person’s User Account and/or UserID without permission. When your Online Service is linked to one or more Accounts, COMPANY may act on the oral, written, or electronic instructions of any authorized signer regarding your service for those Accounts. It is your responsibility to notify COMPANY if an Authorized User should no longer be given access to an Account through the Online Service.
(c) USER ACCOUNT AND PASSWORD. We use reasonable precautions to protect the privacy of your UserID, password and User Account information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your UserID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Web Site. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You are required to take reasonable precautions to safeguard your UserID and password. You agree to never leave your computer unattended while using the Online Service and to always exit the Online Service by clicking on “Log Out.” You also agree to immediately notify COMPANY of any unauthorized use of your UserID, password and/or User Account, or any other breach of security by email at [email protected], or through the online message center (if applicable). You are solely responsible for any activity that occurs with respect to your User Account and UserID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.
(d) RELIANCE BY COMPANY. You authorize COMPANY to rely on your UserID and password to identify you when you use the Online Service, and as signature authorization for any payment made using the Online Service. You acknowledge and agree that you are responsible for all payments you make using the Online Service and for paying any and all late charges or penalties. You also acknowledge and agree that if you permit another person or persons to use the Online Service or give them your UserID and/or password, you are responsible for any payment that person makes to your Account, even if the person exceeds your authorization. You agree that COMPANY may comply with the Payment Instructions entered by any person using your UserID and Password, subject to the terms set forth more fully below in the Unauthorized Payments section of these Terms.
(e) SECURITY. COMPANY is committed to protecting the security and confidentiality of information about you and your Account and User Account. COMPANY uses, and may in the future use, several different security methods to protect your Account and User Account information, including:
- You can only access the Online Service with certain browsers that have high security standards.
- If the Online Service does not recognize your computer, you will be prompted to answer one of your challenge questions to verify your identity.
- The Online Service will automatically log off if prolonged periods of inactivity occur.
- Your session will terminate if you navigate away from the Online Service to another website.
(f) ELECTRONIC COMMUNICATION.
(i) Email and Online Message Center. When you enroll in the Online Service, you must designate a primary email address that will be used for receiving electronic communication. To the extent that COMPANY maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by COMPANY for providing you notices pursuant to these Terms, as required by Applicable Law (as permitted) or generally regarding your Account(s) with COMPANY. COMPANY will NEVER send you email requesting confidential information such as Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from COMPANY, do not respond to the email and notify COMPANY by forwarding the email to [email protected].
(ii) Usage of Electronic Communication. By your enrollment in the Online Service, you agree to receive these Terms and any disclosures or notices required by Applicable Law and all other communications electronically to the email address you designate in your account profile. You also agree that COMPANY may respond to any communication you send to COMPANY with an electronic communication, regardless of whether your original communication with COMPANY was an electronic communication. Any electronic communication COMPANY sends to you will be considered received within 3 calendar days of the date such communication is sent by computer servers utilized by COMPANY to the email address you designate in your account profile or posted to COMPANY’s online message center (if applicable). To the extent permissible under Applicable Law, any electronic communication you send to COMPANY will not be effective until COMPANY has had a reasonable opportunity to act on the electronic communication. You should not rely on electronic communication if you need to communicate with COMPANY immediately and, in no event, should your sole method of communication with COMPANY regarding any emergency be by electronic communication. COMPANY strongly suggests that you report all matters requiring immediate attention to COMPANY by emailing [email protected]. COMPANY may require you to provide written confirmation of any verbal or electronic notice of alleged error by COMPANY.
(g) PERMISSIBLE ACTIVITIES. You may perform the following activities with the Online Service:
- Account Inquiry. You may retrieve Account information (such as a balance due) and view your transactions as set forth by the terms and conditions of Stripe or other comparable accounting platform as designated by COMPANY.
- Alerts. You may set alert messages for certain circumstances, such as when a new statement is available for viewing or when a pending payment has posted to your Account.
- Review Statements. You may view electronic version of Account statements as set forth by the terms and conditions of Stripe or other comparable accounting platform as designated by COMPANY. Online statements are your official statements and no paper statement will be provided. You expressly opt in to receive solely online statements.
- Bill Payments. You may make payments to your Account from your Payment Account. Bill Payments may only be made from checking, money market, or savings accounts and must be made in accordance with the terms of these Terms and any other applicable account agreements.
(h) PAYMENTS. You authorize COMPANY to debit your Payment Account and remit funds on your behalf to the Payee via Stripe or other comparable accounting platform as designated by COMPANY. When COMPANY receives a Payment Instruction, you have authorized COMPANY to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Payment Due Date as designated by you. You also authorize COMPANY to credit your Payment Account for payments returned to you COMPANY.
(i) CANCELLING/MODIFYING PENDING BILL PAYMENTS. All terms and conditions for Bill Payments are governed by the terms and conditions of Stripe or other comparable accounting platform as designated by COMPANY.
(j) DISCLOSURE OF ACCOUNT INFORMATION. COMPANY will not disclose any information to third parties about you, including email addresses, or your Account, except in the situations described below
- where disclosure is necessary for completing payments, or to resolve a problem related to a payment;
- to verify the condition and existence of your Account for a third party, such as a credit bureau or merchant;
- to persons authorized by law in the course of their official duties;
- to a consumer reporting agency as defined by Applicable Law;
- to comply with a government agency or court order, such as a lawful subpoena;
- to COMPANY employees, auditors, service providers, attorneys or collection agents in the course of their duties; or
- if you give COMPANY written permission (including by email).
(k) INSUFFICIENT FUNDS TO COMPLETE BILL PAYMENT. You must have sufficient available funds in your Payment Account on the Payment Due Date. If your Payment Account has insufficient funds, the Bill Payment will not be completed. Should a Bill Payment fail because of insufficient funds in your Payment Account, an amount equal to COMPANY’s Returned Payment Fee then in effect will be applied to your Account.
(l) COMPANY’S LIABILITY FOR FAILURE TO COMPLETE BILL PAYMENTS. If COMPANY debits your Payment Account incorrectly, COMPANY will be responsible for returning the improperly debited funds to your Payment Account. If COMPANY does not complete a Bill Payment from your Payment Account on time or in the correct amount in accordance with your Payment Instructions, COMPANY will be liable for the actual charges incurred by you, to the extent required by Applicable Law and in any event subject to paragraph 5 herein. However, COMPANY will not be liable in the following situations:
- You did not properly follow the provisions of these Terms, the online instructions for the Online Service, or other instructions for making a payment;
- Through no fault of COMPANY’s, you have insufficient funds in your Payment Account to make a payment;
- Your computer, the software, phone lines, COMPANY’s computer system or the Online Service were not working properly or were temporarily unavailable, and this problem was or reasonably should have been apparent to you when you attempted the payment or you were advised by the Online Service of the malfunction before you executed the payment;
- Circumstances beyond our control prevented the payment, despite reasonable precautions that we have taken, including telecommunications outages, fires, floods, or other natural disasters;
- COMPANY has reasonable basis to believe that unauthorized use of your UserID, Password, or User Account or Account has occurred or may be occurring;
- COMPANY or you has terminated your Online Service or closed your Account to which the UserID was linked;
- You have supplied your login information to another party; or
- For any other reason specified in these Terms or any other agreement COMPANY has with you.
(m) ACCURATE INFORMATION. In creating and using your User Account on the Web Site, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Web Site (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or COMPANY has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, COMPANY has the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
(n) TERMINATION OF ACCOUNT. COMPANY reserves the right to terminate your use of the Online Service for any reason including inactivity and at any time without notice to you. You have the right to terminate your use of the Online Service by Emailing COMPANY at [email protected] or by writing to COMPANY at the address provided at the end of these Terms. Any termination of your use of the Online Service, whether initiated by you or by COMPANY, will not affect any of your or COMPANY’s rights and obligations under these Terms that have arisen before the effective date of such termination.
(o) RELATED AGREEMENTS. Your Account linked to the Online Service will also be governed by the agreements, disclosures, COMPANY’s service tariff in your area, and other documents provided to you in connection with the opening of your Account, as they may be amended periodically. If any inconsistency exists between such other documentation and these Terms, then these Terms shall control to the extent of inconsistency.
(p) ERRORS OR QUESTIONS ABOUT BILL PAYMENTS. In case of errors or questions about Bill Payments, you should notify COMPANY at once at by email at [email protected], or through the online message center (if applicable).
(a) NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE, THE ONLINE SERVICE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. COMPANY PROVIDES THE WEB SITE AND THE ONLINE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE, THE ONLINE SERVICE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEB SITE, THE ONLINE SERVICE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEB SITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. COMPANY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB SITE AND/OR THE ONLINE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT COMPANY SHALL HAVE ADEQUATE CAPACITY FOR THE WEB SITE AND/OR THE ONLINE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
(b) INDEMNIFICATION. You agree to defend, indemnify and hold COMPANY and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by COMPANY, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.
(c) NOT INVESTMENT ADVICE. COMPANY DOES NOT INTEND TO PROVIDE ANY INVESTMENT ADVICE OR INFORMATION RELATING TO ITSELF OR ANY COMPANY IDENTIFIED ON THE WEB SITE. Nevertheless, the Web Site may, from time to time, contain information on the current or prospective financial condition of this and/or certain other companies. COMPANY cautions that there are various important factors that could cause actual results to differ materially from those indicated in the information you may encounter on the Web Site. Accordingly, there can be no assurance that such indicated results will be realized. These factors include, among other things, legislative and regulatory initiatives regarding regulation of American companies doing business abroad; political and economic conditions and developments in the United States and in foreign countries in which the companies discussed on the Web Site operate; financial market conditions and the results of financing efforts; and changes in commodity prices and interest rates.
5. LIMITATION OF LIABILITY. COMPANY’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH COMPANY. EXCEPT FOR THE ACTUAL CHARGES DESCRIBED IN PARAGRAPH 3(L) ABOVE, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS COMPANY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
7. THIRD PARTY CONTENT.
(a) COMPANY may provide hyperlinks to other web sites maintained by third parties, or COMPANY may provide third party content on the Web Site by framing or other methods. THE LINKS TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEB SITE IS NOT UNDER COMPANY’S CONTROL AND COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEB SITES LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
(b) If a third party links to the Web Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with COMPANY. In most cases, COMPANY is not even aware that a third party has linked to the Web Site. A web site that links to the Web Site: (i) may link to, but not replicate, COMPANY’s Content; (ii) may not create a browser, border environment or frame COMPANY’s Content; (iii) may not imply that COMPANY is endorsing it or its products; (iv) may not misrepresent its relationship with COMPANY; (v) may not present false or misleading information about COMPANY’s products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.
8. COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Web Site are COMPANY’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. COMPANY is the copyright owner or authorized licensee of all text and all graphics contained on the Web Site. All trademarks and service marks of COMPANY that may be referred to on the Web Site are the property of COMPANY. Other parties’ trademarks and service marks that may be referred to on the Web Site are the property of their respective owners. Nothing on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of COMPANY’s trademarks or service marks without COMPANY’s prior written permission. COMPANY aggressively enforces its intellectual property rights. Neither the name of COMPANY nor any of COMPANY other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Web Site or otherwise, without COMPANY’s prior written permission, except that a third party web site that desires to link to the Web Site and that complies with the requirements of Paragraph 7(b) above may use the name “COMPANY” in or as part of that URL link. If you believe that any Content on the Web Site violates any intellectual property right of yours, please contact COMPANY at the address, email address or telephone number set forth at the bottom of these Terms.
9. UPTIME, DOWNTIME AND EXCLUDED SERVICE SUSPENSIONS; SECURITY
(c) UPTIME. Company will use all commercially reasonable efforts to make the Service available with a Service Year Uptime Percentage (defined as the percentage of time in the Service Year during which Service is available for your use, not including Excluded Service Suspensions outlined under Section 7.3) of at least 99% during the Service Year. The Service Year shall be defined as the 365-day period preceding the date on which you claim a Service Credit. If Company does not meet this Service Year Uptime Percentage commitment, you will be eligible to receive a Service Credit as described in Section 8.2.
(d) DOWNTIME. In addition to our rights to terminate or suspend Services to you as described above, you acknowledge that your access to and use of the Services may be temporarily suspended for the duration of any unanticipated or unscheduled Downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions.
(e) EXCLUDED SERVICE SUSPENSIONS. We shall be entitled, without any liability to you, notwithstanding our Service Year Uptime commitments outlined above, to suspend access to any portion or all of the Services at any time, on a Service-wide basis: (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any Service; (b) in the event of a denial of service attack or other attack on the Service or other event that we determine, in our sole discretion, may create a risk to the applicable Service, to you or to any of our other customers if the Service were not suspended; (c) due to factors that are outside of our reasonable control, including any force majeure event or Internet-wide disruption or related problems beyond the demarcation point of the Services; (d) that are caused by you or any third party; (e) that result from the failure of your equipment, software or other technology and/or third party equipment, software or other technology; (f) that arise from our suspension and termination of your right to use the Services in accordance with this Agreement; or (g) as a result of our determination that any Service is prohibited by law or regulatory reasons (collectively, “Excluded Service Suspensions”).
(f) Without limitation, we shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of disruption due to any Excluded Service Suspensions. To the extent we are able, we will endeavor to provide you email notice of any planned Excluded Service Suspensions and to post updates on the Company Websites regarding resumption of Services (if applicable) following any Excluded Service Suspensions, but shall have no liability for the manner in which we may do so or if we fail to do so.
(g) SECURITY. We strive to keep Your Content secure, but cannot guarantee that we will be successful at doing so, given the nature of the Internet. Accordingly, without limitation, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content and Applications. We strongly encourage you, where available and appropriate, to (a) use encryption technology to protect Your Content from unauthorized access, (b) routinely archive Your Content, and (c) keep your Applications or any software that you use or run with our Services current with the latest security patches or updates. We will have no liability to you for any unauthorized access or use, corruption, deletion, destruction or loss of any of Your Content or Applications.
10. LOCAL LAWS. COMPANY makes no representation that content or materials in the Web Site are appropriate or available for use in jurisdictions outside the United States. Access to the Web Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. COMPANY is not responsible for any violation of law. You may not use or export the Content or materials in the Web Site in violation of U.S. export laws and regulations. You agree that the Web Site, these Terms and the Online Service shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state where COMPANY maintains your Account, or, if COMPANY transfers your Account to another location, where COMPANY currently maintains your Account. The Web Site and the Online Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over COMPANY, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located where COMPANY maintains your Account, or, if COMPANY transfers your Account to another location, where COMPANY currently maintains your Account. You further agree to comy with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
11. AVAILABILITY. Information that COMPANY publishes in the Web Site may contain references or cross-references to products, programs or services of COMPANY that are not necessarily announced or available in your area. Such references do not mean that COMPANY will announce any of those products, programs or services in your area at any time in the future. You should contact COMPANY for information regarding the products, programs and services that may be available to you, if any.
12. NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Site with his or her UserID and password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by COMPANY unless acknowledge by COMPANY in writing. COMPANY has no obligation to provide you with written acknowledgment. COMPANY may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.
13. TERMINATION OF SERVICE. We may terminate your User Account or right to access secured portions of the Web Site at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Web Site, to COMPANY, to the business of the Web Site’s Internet service provider, or to other information providers.
Your Consent To This Agreement
By accessing and using the Web Site, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Web Site and/or the Online Service. Your use of the Web Site and/or the Online Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
If you have additional questions or comments of any kind, or if you see anything on the Web Site that you think is inappropriate, please let us know by email [email protected]] or by sending your comments to:
JKP Solutions LLC
16 Harvard West Drive Jackson, NJ 08527
Attn: David Putz [email protected] EFFECTIVE AS OF: February 9, 2020 LAST UPDATED: February 9, 2020
Privacy and Information Security Policy
WHAT PERSONALLY IDENTIFIABLE INFORMATION DO WE OBTAIN FROM YOU? WHEN DO WE OBTAIN SUCH INFORMATION?
If, upon visiting our Web Site, your use is limited to browsing our informational content, we will not require that you provide us with any personally identifiable information. However, we may request personal information from you at other times. For example:
- If you enroll for a JKP Solutions membership through our Web Site, we may ask that you provide us with certain personal information, including your name, credit card number, expiration date, e-mail address, mailing address and telephone number. Your credit card information will be transferred to Stripe or other comparable accounting platform as designated by COMPANY for processing. Stripe (as discussed in more detail below) employs a variety security and risk management technologies to facilitate secure on-line transactions and to protect your credit information. You can find more information about Stripe at www.stripe.com.
- If you post to our discussion forums, we will ask that you provide us with your name, e-mail address and password.
- If you want to enter any sweepstakes, contests or promotions sponsored by us or by one of our business partners, we will need your name, e-mail address and other information as may be required by the rules of the specific contest.
- If you choose to participate in a customer survey conducted by us or by one of our business partners, we may ask for your name, e-mail address and other information as may be required by the particular survey.
If you report a problem or submit a customer review, we will ask that you provide your name, e-mail address, membership number, address, phone number and fax number. Should you contact us for any reason other than to report a problem and/or submit a review, we may also keep a record and/or copy of your correspondence with us.
HOW DO WE PROTECT THE SECURITY AND QUALITY OF YOUR PERSONAL INFORMATION?
To protect the security and quality of your personal information, we have implemented technical and managerial procedures to maintain accurate, current and complete information as well as to protect your personal information against loss, misuse or alteration when it is under our control. Your personally identifiable information will be encrypted and stored on our secured servers. Your personal information is also password protected so that access is limited to yourself and those with whom you share your password, Company, as well as third party access facilitated by Company with your prior permission. We have also taken steps to help protect the integrity of your personal financial information when you complete a purchase transaction on our Web Site. As noted above, we use Stripe to facilitate confidential online business transactions. You can find more information about Stripe’s security at https://stripe.com/docs/security.
HOW DO WE USE YOUR INFORMATION?
Our primary use of your information is to administer, maintain and improve your experience on our Web Site generally as well as provide you with customized, personalization services and interactive communications.
- If you check the “opt-in” feature on our Web Site, or if you do not uncheck a pre-checked “opt-in” box we may from time to time send you e-mails regarding our Web Site and special promotions. Also, we occasionally may send you direct mail about products or services that we believe may be of interest to you.
- We use your financial information (e.g., your credit card number) only to verify your credit and to bill you for memberships purchased through our Web Site. We also use your contact information as necessary to send you information about the memberships that you have purchased on our Web Site.
- When you enter any sweepstakes, contests or promotions sponsored by us or by one of our business partners, we may use your e-mail address to send you status updates.
- We use your IP address to help diagnose problems with our server and to administer the services offered on our Web Site. We also use your IP address to help identify you and to gather broad demographic information that we may share with our business partners, but only in the aggregate without any of your personally identifiable information.
- We may research the demographics, interests and behavior of our customers based on the information provided to us during membership registration, during sweepstakes, contests and promotions, from our server log files, from cookies and from surveys. Our research may be compiled and analyzed on an
aggregate basis. We may share this aggregate data with business partners, but only in the aggregate, without any of your personally identifiable information.
CAN YOU “OPT-OUT” OF RECEIVING COMMUNICATIONS FROM COMPANY?
If you change your mind and decide that you no longer want to receive promotional e-mails and/or direct mailings, you may opt-out at any time by simply sending an e-mail request to [email protected]. Similarly, if you are not receiving our promotional e-mails and/or direct mailings and wish to receive these materials, you may opt-in at any time by simply sending an e-mail request to [email protected].
PRIVACY POLICIES OF COMPANY PARTNERS
DO WE SELL OR RENT YOUR PERSONALLY IDENTIFIABLE INFORMATION?
No, as a general rule, we do not sell or rent your personally identifiable information to any one. If and whenever we intend to share your personally identifiable information with a third party (other than to a business partner as provided herein), you will be notified at the time of data collection or transfer, and you will have the option of not permitting the transfer. However, we may from time to time rent or sell demographic information in the aggregate that does not contain your personally identifiable information.
WITH WHOM DO WE SHARE INFORMATION?
We generally will not disclose any of your personally identifiable information except when we have your permission to do so or under some special circumstances described below.
• As noted previously, we may from time to time partner with other companies to offer co-branded services as well as sweepstakes, contests and promotions. Any information that you provide in connection with the co-branded services or any jointly sponsored sweepstakes, contests or promotions will become the joint property of Company and its business partners. We may also disclose other personal information about you to our business partners, but only if we have obtained your permission to make the disclosure before data collection or before transferring the data.
• We may, from time to time, offer you the opportunity to receive materials or special offers from third parties. If you want to receive this information, we may (but only with your permission) share your name and e-mail address with them.
• Under confidentiality agreements, we may match user information with third party data. We also may disclose aggregate demographic and/or user information and statistics in order to describe our customer base to prospective partners and other third parties, and for other lawful purposes.
• We may disclose your personally identifiable information without your prior permission in special cases. For example, we may have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be violating the User Terms and Conditions, or may be causing intentional or unintentional injury or interference to the rights or property of Company or any third party, including other customers. Also, we may disclose or access your personally identifiable information when we believe in good faith that law or regulation requires disclosure.
HOW CAN YOU UPDATE, CORRECT OR DELETE YOUR PERSONALLY IDENTIFIABLE INFORMATION?
You may edit your personally identifiable information and your password at any time by sending an e-mail request to [email protected].
DO YOU HAVE CHOICES ABOUT COOKIES?
Yes, you have several choices with respect to cookies. You can modify your browser preferences to accept all cookies, to notify you when a cookie is set, or to reject all cookies. However, our Web Site uses cookie-based authentication. Accordingly, if you choose to reject all cookies, you may not be able to log onto our Web Site and/or use our services or participate in our sweepstakes, contests or promotions.
WHAT ELSE SHOULD YOU KNOW ABOUT YOUR ONLINE PRIVACY?
If you have any questions or comments about this Privacy Statement or the practices of our Web Site, please feel free to e-mail us at [email protected] or visit our contact page.