JACKTRIP

WEBSITE TERMS OF USE

Effective Date: October 2, 2020

This website, located at uniform resource locator www.jacktrip.org (the "Website"), is provided by JackTrip Foundation and its subsidiary JackTrip, LLC (“JackTrip,” "we," "our," or "us") to the person accessing the Website ("you," or "your").

1. You Agree to These Terms by Using the Website

Your access to, and use of, the Website is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Website, you accept, without limitation or qualification, these Terms of Use. JackTrip may, at any time and without notice, modify these Terms of Use by revising them on the Website. Your continued use of the Website constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms of Use. You may not modify these Terms of Use except in a written agreement signed by JackTrip.

If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit the Website immediately.

2. Permitted Use of the Website

The information and materials on the Website are provided for general informational purposes. You may use the site solely for the purpose of learning about JackTrip and its products and services. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on the Website for any other purpose.

3. Notice; Electronic Communications

When you visit the site or send emails to JackTrip, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

4. Privacy

The JackTrip Privacy Policy is incorporated and made part of these Terms of Use. You hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or email address) that you transmit to the Website by electronic mail or otherwise will be used by JackTrip in accordance with the Privacy Policy. Any other communication or material you transmit to the Website, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary.

5. Disclaimer - Warranty

THE SITE, ITS CONTENT, MATERIALS, SERVICES AND PRODUCTS ON THE SITE ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JACKTRIP HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

JackTrip does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that the defects will be corrected, or that the Website or the server that makes the Website available are free of viruses or other harmful components. JackTrip does not make any warranties or representations regarding the use of the materials in the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

6. Indemnification

You agree to indemnify, defend, and hold harmless JackTrip, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

7. Limitations of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER JACKTRIP, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

8. Third-Party Links

In an attempt to provide increased value to our visitors, JackTrip may link to sites operated by third parties. However, even if the third party is affiliated with JackTrip, JackTrip has no control over these linked sites, all of which may have separate terms and conditions of use, independent of JackTrip. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, JackTrip specifically disclaims any responsibility if such sites: (i) infringe any third party's intellectual property rights; (ii) are inaccurate, incomplete or misleading; (iii) are not merchantable or fit for a particular purpose; (iv) do not provide adequate security; (v) contain viruses or other items of a destructive nature; or (vi) are libelous or defamatory.

JackTrip does not endorse the content, or any products or services available, on such sites. Nonetheless, JackTrip seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only this Website, but for sites it links to as well (including if a specific link does not work).

9. Trademarks

The following trademarks are our property by ownership or license: JACKTRIP, and our company logo are trademarks of JackTrip Foundation in the United States and various other countries. These marks may not be used without our consent on any product or service, except our own.

10. Copyright

Copyright 2020 JackTrip Foundation

All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of JackTrip or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Website is the exclusive property of JackTrip and protected by United States and international copyright laws. All software used on the Website is the property of JackTrip or its software suppliers and protected by United States and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Website.

11. Copyright Complaints

JackTrip respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at support@jacktrip.org.

12. Export Control

Software and other materials downloaded or otherwise made available from the Website may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Website may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders.

JackTrip does not authorize the downloading or exportation of any software or technical data from the Website to any jurisdiction prohibited by the United States Export Control Laws.

13. Dispute Resolution

Any controversy or claim between the parties or arising out of these Terms of Use or any use of the Website shall be determined by one disinterested arbitrator in binding arbitration pursuant to the Commercial Arbitration Rules and the Supplementary Procedures for Online Arbitration of the American Arbitration Association (the “AAA”). The arbitrator shall be experienced in agreements for information technology services, either as an attorney or as an information technology professional. If the parties fail to appoint an arbitrator within forty-five (45) days of the institution of the arbitration, the AAA shall select the arbitrator promptly thereafter. Any requests for accelerated, emergency or preliminary relief shall be submitted pursuant to the AAA’s Optional Rules for Emergency Measures of Protection. If any such requests are made before an arbitration panel is empaneled, then the AAA shall appoint one disinterested arbitrator as an arbitration panel to immediately hear and decide such request. The arbitration panel shall have the right to grant interim awards. Testimony shall be permitted by telephone, video conference and other forms of real-time telecommunications. If the arbitrator requires in-person hearings, the hearings shall be held in Palo Alto, California. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction.

14. Waiver of Jury Trial and Class Actions

BY ENTERING INTO THESE TERMS OF USE, YOU AND JACKTRIP ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND JACKTRIP BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THESE TERMS OF USE IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND JACKTRIP BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

15. Law and Jurisdiction

These Terms of Use and your use of the Website are governed by the laws of the State of California, without regard to its choice of law provisions. The courts of general jurisdiction located within Palo Alto, California, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Website or in which these Terms of Use and/or the Website are a material fact.

16. Assignment

JackTrip may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

17. Questions and Feedback

We welcome your questions, comments, and concerns about the Website. Please send us any and all feedback pertaining to the Website by contacting us at support@jacktrip.org.

18. Survival

The provisions of these Terms of Use entitled “Disclaimer - Warranty,” “Indemnification,” “Limitation of Liability,” Dispute Resolution,” “Waiver of Jury Trial and Class Actions, “Law and Jurisdiction” and “General Provisions” will survive the termination of this Agreement.

19. General Provisions

Except as provided in a particular “Legal Notice” on this Website, these Terms of Use, along with the JackTrip Privacy Policy, constitute the entire agreement and understanding between you and JackTrip with respect to use of the Website, superseding all prior or contemporaneous communications with JackTrip. These Terms of Use are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles of this Agreement are displayed for convenience only and have no legal effect. Nothing in this Agreement shall be deemed to confer any third-party rights or benefit.