(Last Updated: January 11, 2012)
THE FOLLOWING DESCRIBES THE TERMS ON WHICH JOINTLI, INC OFFERS YOU ACCESS TO OUR SITE AND SERVICES.
1. USER RESPONSIBILITIES
1.1 Neutral Venue. The "Connect" portion of our Site is an online venue through which users find and learn about each other. Our Site is merely a venue for users to learn about one another and, if they wish, arrange co-ownerships with one another. We are not involved in any actual face-to-face contact between users. As a result, we have no control over the conduct of our users or the truth or accuracy of the information that users post on the Site.
1.2 Identity Verification. We make no attempt to confirm, and do not confirm, any user's purported identity. You are responsible for determining the identity and suitability of others who you may contact by means of this Site. We do not endorse any persons who use or register for our Services. We do not investigate any user's reputation, conduct, morality, criminal background, or verify the information that any user submits to the Site. We encourage you to communicate directly with potential partners through the tools available on the Site, to review your potential partners' profile pages, and to conduct background checks through third-party services made available on the Site.
1.3 Your Experience with Other Users. You are solely responsible for your interactions with other users of our Services. We will not be responsible for any damage or harm resulting from your interactions with other users of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
1.4 Release. By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against the particular user or users who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from Jointli. You release Jointli from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with other users on the Site or your experience as member of a co-ownership in connection with the Site.
1.5 Registration. When registering with Jointli you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) 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 we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
2. USER CONDUCT
2.1 Site Rules and Restrictions. In connection with your use of our Services, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:
(a) violate any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use our Services in a manner that results in excessive bandwidth usage, as determined by a representative of Jointli;
(e) use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(f) use our Services to send or otherwise make available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer or property;
(g) use our Services in connection with the distribution of unsolicited commercial email ("spam");
(h) "stalk" or harass any other user of our Services or collect or store any information about any other user other than for purposes of setting up and managing a co-ownership;
(i) register for more than one user account or register for a user account on behalf of an individual other than yourself;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(k) use automated scripts to collect information or otherwise interact with the Service or the Site;
(l) submit any co-ownership opportunity that you do not intend to honor;
(m) attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by Jointli in connection with the Site or Services; or
(n) advocate, encourage, or assist any third party in doing any of the foregoing.
The foregoing is merely a list of examples of prohibited conduct. Jointli reserves the right to cancel a user account or take other appropriate actions in its sole discretion in response to any inappropriate conduct, or for no reason at all.
2.2 Disputes with Other Users. You are solely responsible for your interactions with other Jointli users. We reserve the right, but have no obligation, to monitor interactions between you and other users.
4. YOUR CONTENT
4.2 Content Restrictions. You are solely responsible for any content that you submit, post or transmit via our Services. You may not post or submit any content that:
(a) infringes the copyright, trademark, or other intellectual property rights of any person;
(b) is defamatory;
(c) contains nudity or sexually explicit content, or is otherwise obscene;
(d) may disparage any ethnic, racial, sexual, religious, or other group by stereotypical depiction or otherwise;
(e) depicts individuals under 18 years of age;
(f) depicts or advocates the use of illicit drugs;
(g) makes use of offensive language or images;
(h) characterizes violence as acceptable, glamorous or desirable; or
(i) provides a link to any websites that offer similar or related services, or that we deem to be competitive in nature.
4.3 No Obligation to Post Content. We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.
5. OUR CONTENT
5.1 Self-Representation. Jointli provides content intended to give visitors a general understanding of some of the legal issues surrounding co-ownership, and provides an automated software solution to generate a base co-ownership agreement for use by individuals who choose to prepare their own legal documents. Jointli and its Services are not substitutes for the advice of an attorney. Content provided by Jointli does not constitute legal advice, nor does it create an attorney-client relationship. In using our co-ownership agreement, you are and will be representing yourself in any legal matters you undertake.
5.2 Content Accuracy. Jointli strives to keep its content accurate, current and up-to-date. However Jointli cannot guarantee that all of the information on the Site is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information like the kind Jointli provides can fit every circumstance. Furthermore, the legal information contained on the Site is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.
5.3 License to Use. Jointli grants you a limited, personal, non-exclusive, non-transferable license to use our co-ownership agreement for your own personal use, or if you are an attorney or professional, for use by your client. You acknowledge and agree that you have no right to copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit our co-ownership agreement for the purposes of re-selling it or providing it free of charge to a larger audience or the general public.
6. THIRD-PARTY CONTENT. In using our Services, you may be exposed to content and information from other users or third parties ("Third-Party Content"), either at our Site or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate the veracity of, and bear all risks associated with your exposure to, Third-Party Content, including without limitation, profiles of other users of our Services.
7.1 Fee Structure. During the Beta test period the Services will be provided free of charge. After the Beta period, Jointli will charge a subscription fee for usage of certain areas of the Site and portions of the Services as detailed within the Services. After the Beta period, you will have the option of paying for any portions of the Services you are using that are no longer free, or discontinuing use of those portions of the Services. If you choose not to pay for such services, you will forfeit access to any data that may have been accumulated during the use of those services.
8. PROPRIETARY RIGHTS
8.1 Our Intellectual Property. Material on our Site (with the exception of Third-Party Content) is protected by rights of publicity, copyright, trademark, trade secret, and other proprietary rights and intellectual property laws as applicable. Except as otherwise provided or expressly authorized by us, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material.
8.2 Your Use of Our Intellectual Property. You may not systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise. You may not display any portion of our Site in a frame (or any content from our Site through in-line links) without our prior written consent, which may be requested by contacting us at email@example.com. You may, however, establish ordinary links to pages within the public portions of our Site without our written permission.
9. USERNAME AND PASSWORD. You will select a username and password as part of the registration process. You are solely responsible for the confidentiality and use of your username and password, and are fully responsible for all activities that occur under your username and password. You may not authorize any third party to access or use the Services on your behalf. You must: (a) log off from your account at the end of each session on our Site; and (b) notify us immediately of any unauthorized use of your username and password or any other breach of security.
10. TERMINATION. We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to our Services, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or Services.
11. MODIFICATION OF SERVICES. We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
12. LEGAL COMPLIANCE. You shall use our Services in a manner consistent with any and all applicable local, state, national and international laws and regulations.
13. DISCLAIMER OF WARRANTIES
13.1 IF YOU USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT JOINTLI DOES NOT CHECK ANY USER’S BACKGROUND OR RECORD. USE COMMON SENSE. BE AWARE AND BE SAFE. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13.2 WE DO NOT WARRANT THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
13.3 IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION.
13.4 NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
14. LIMITS ON LIABILITY
14.1 WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE OUR SERVICES; (B) HARM OR DAMAGE TO YOUR PROPERTY AS A RESULT OF USING OUR SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) ANY HARM TO YOU CAUSED IN WHOLE OR PART BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANOTHER USER OF THE SERVICES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF USER OR OTHER THIRD PARTIES ON OUR SERVICES; OR (F) YOUR OR ANYONE ELSE'S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION FROM INTERACTIONS WITH OTHER USERS OF OUR SERVICES OR PERSONS INTRODUCED TO YOU BY OUR SERVICES, WHETHER ON-LINE OR OFF-LINE.
14.2 WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF NATURE AND POWER, INTERNET, AND EMAIL DISCONTINUITY.
14.3 EXCEPT AS SET FORTH IN SECTION 18, IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO WITH OUR SERVICES OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED U.S. DOLLARS ($100).
15. INDEMNITY. You shall indemnify and hold us (and each of our officers, directors, and employees) harmless from any third-party claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to your use of our Services or alleging facts or circumstances that, if true, could constitute your breach of any of these Terms. We will control any such defense and related settlement and you will reasonably assist us therewith at your expense.
16. REPORTING MISCONDUCT. If you interact with any other user or third-party as part of the Services who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, who you suspect of stealing from you, or who engages in any other disturbing conduct, you must immediately report such person to the appropriate authorities and then to us by contacting us with your police station and report number at firstname.lastname@example.org; provided that your report shall not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
17. JURISDICTION AND VENUE. These Terms shall be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to conflict-of-law principles.
18. ATTORNEY’S FEES. The prevailing party in any action brought under this agreement shall be entitled to reasonable attorney’s fees and costs.
19. MISCELLANEOUS. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. We may assign our rights and delegate our obligations under these Terms in whole or part to a third party. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
Please contact us at email@example.com with any questions regarding these Terms.