Terms of Use

Last Modified July 25, 2019

 

By accessing or using any of the Jake and Gino, LLC (“J&G”) Internet properties including, without limitation, www.jakeandgino.com, mobile websites, microsites, mobile applications, J&G profiles on social media sites and any other digital services or properties operated or used by the J&G from time to time (collectively referred to as the “Sites”) you agree to comply with and be bound by these Terms of Use, as they may from time to time be amended (“Terms of Use”). Please read these Terms of Use carefully as well as the Privacy PolicyIf you do not agree to the Terms of Use and the Privacy Policy, you must immediately terminate use of the Sites.

 

1. Your Acceptance; Revisions to Terms of Use.  The Sites are available only to individuals who can enter into legally binding contracts under applicable law. Individuals under the age of 18 are strictly prohibited from using the site and the accounts for any such person shall be terminated upon discovery.  These Terms of Use constitute a legally binding agreement between you and the J&G regarding your use and access to the Sites. By using the Sites you agree to the Terms of Use.

 

J&G reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the Sites. Your use of the Sites signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the Sites. No revision to these Terms of Use shall apply to a controversy or claim of which had actual notice on or before the date of any such revision.

 

2. J&G Privacy Policies.  J&G’s Privacy Policy is incorporated herein by reference.

 

3. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Sites conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the Sites and the J&G Content (as defined below) for your noncommercial personal use and for no other purpose. J&G reserves the right to bar, restrict or suspend any user’s access to the Sites, and/or to terminate this license at any time for any reason. J&G reserves any rights not explicitly granted in these Terms of Use.

 

4. License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive J&G’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Sites, any J&G Content (as defined below), or any portion thereof. Further, you may not (i) use the Sites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Sites, including J&G Content; (ii) interfere with the proper working of the Sites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of the Sites.

 

 

 

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.

 

In the event you are dissatisfied with, or dispute, these terms of use, the Sites and/or the J&G Content, your sole right and exclusive remedy is to terminate your use of the Sites, even if that right or remedy is deemed to fail of its essential purpose. You confirm that J&G has no other obligation, liability or responsibility to you or any other party.

 

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.

 

12. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the J&G Parties from and against all claims arising from or in any way related to your use of the Sites and/or J&G Content, a violation by you of these Terms of Use, or any other actions connected with your use of the Sites and/or J&G Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney’s fees. J&G will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the J&G Parties other than under this Section.

 

13. Term and Termination. These Terms of Use will take effect at the time you begin using the Sites. J&G reserves the right, with or without notice, at any time and for any reason to deny you access to the Sites or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use the Sites, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the Sites, including any J&G Content, in your possession.

 

14. Governing Law; Venue.  These Terms shall be construed in accordance with and governed by the laws of the State of Tennessee.  Any controversy or claim you have arising out of or relating to these Terms of Use, the Sites, or the J&G Content shall be brought only in the United States District Court for the Eastern District of Tennessee or any state court located in Knox County, Tennessee.

 

15. Waiver and Severability. The failure of J&G to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

 

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.

 

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