Last Modified July 25, 2019
5. User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Sites and not interfere with the use and enjoyment of the Sites by other users or with ‘s operation and management of the Sites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Sites, including, without limitation, information required to be provided through any J&G registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, J&G reserves the right to terminate your access and use of the Sites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Sites, or defame or otherwise harm any party through your use of the Sites. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Sites, you are granting J&G and its affiliates, subsidiaries, employees, officers, and members, and any of its agents, representatives, suppliers, advertisers, contractors, promotional partners, or licensors (collectively “J&G Parties”) a license to use any User Content, including, without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat any User Content. You will not be compensated for any Use Content. By posting User Content on the Sites, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, or otherwise transmit the User Content. You agreed that the J&G Parties may publish or otherwise disclose your name in connection with your User Content.
In addition, you also agree that you will not use our Services to:
(a) upload, download, post, email, transmit or otherwise make available any User Content, including through any attachments thereto, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) upload, download, post, email, transmit or otherwise make available any User Content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(c) upload, download, post, email, transmit or otherwise make available any User Content, including through any attachments thereto, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(e) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
(f) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any regulations having the force of law.
6. Proprietary Rights. The content of the Sites includes, without limitation, (i) J&G trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “J&G Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Sites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “J&G Content”). J&G Content is the property of the J&G, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any J&G Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the or the owner of such content if the is not the owner. Any use of the J&G Marks without J&G’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the J&G Content, including any such notices appearing on any J&G Content you are permitted to download, transmit, display, print, or reproduce from the Sites.
7. Third Party Information. The Sites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the Sites are those of the respective third party and not of J&G or its affiliates. J&G makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services or products.
8. Links to Third Party Websites. The Sites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which J&G exercises no control. The appearance of any such third-party links is not intended to endorse any particular company or product. If you decide to access any of the third-party sites linked to the Sites, you do so entirely at your own risk.
9. Warranties Disclaimed. The Sites and their content are provided “as-is” and “as available.” The J&G Parties do not provide any express or implied representation or warranty of any kind, including without limitation, any representation or warranty that (i) the Sites or J&G Content, or any results that may be obtained by you, are complete, accurate, reliable or non-infringing; (ii) access to the Sites will be uninterrupted, timely, secure, or error free; (iii) the quality of any products, services, information or other material purchased or obtained by you through the Sites will meet your expectations; or (iv) J&G Content will remain unchanged or accessible on the Sites. All warranties, express or implied, are disclaimed to the fullest extent permitted by law including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property.
10. Exclusion of and Limitation of Liability. The J&G Parties shall not be liable, and disclaim any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising (I) out of the use of or inability to use the Sites and/or any J&G Content; (ii) from any interruption in the availability of the Sites and/or J&G Content; (iii) from any loss of data and/or from any equipment failure; (iv) out of the procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from the Sites, or transactions entered into, through or from the Sites; (v) from unauthorized access to or alteration of your transmissions or data; (vi) from statements or conduct of any third-party on the Sites; (vii) from any delay or failure of the Sites arising out of causes beyond J&G’s control; (viii) out of the use of, reference to, or reliance on, the J&G Content; (ix) out of any third-party materials, information, products and services contained on, or accessed through, the Sites (x) out of any content, materials, accuracy of information, and/or quality of the products, services or materials provided by or advertised on third-party websites; or (xi) out of any other matter relating to the Sites or J&G Content.
11. Exclusions permitted by law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations in Sections 9 and 10 which are lawful in your jurisdiction will apply to you and ‘s liability will be limited to the maximum extent permitted by law.
16. Copyright. All contents of the Sites are: Copyright © 2019 Jake Stenziano, Gino Barbaro and Jake and Gino LLC, 5908 Toole Drive NW, Knoxville, TN 37919. All rights reserved.