Legal

Privacy Policy, Terms and Conditions, and you.

# Privacy Policy ## What information do we collect? We collect information from you when you register on our site, place an order, fill out a form or request information. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number, credit card information or other personal information. You may, however, visit our site anonymously. ## What do we use your information for? Any of the information we collect from you may be used in one of the following ways: * To personalize your experience (your information helps us to better respond to your individual needs) * To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you) * To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs) * To process transactions: Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested. * To send periodic emails: The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc. Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email. ## How do we protect your information? We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to?keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers. ## Do we use cookies? Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. ## Do we disclose any information to outside parties? We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. ## Third party links Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites. ## California Online Privacy Protection Act Compliance Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent. As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at anytime by logging into their control panel and going to the 'Edit Profile' page. ## Childrens Online Privacy Protection Act Compliance We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older. ## Online Privacy Policy Only This online privacy policy applies only to information collected through our website and not to information collected offline. ## Terms and Conditions Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at [http://www.minimumviablefitness.com/legal](http://www.minimumviablefitness.com/legal) ## Your Consent By using our site, you consent to our websites privacy policy. ## Changes to our Privacy Policy If we decide to change our privacy policy, we will post those changes on this page, and/or update the Privacy Policy modification date below. This policy was last modified on 11/16/2013 ## Contacting Us If there are any questions regarding this privacy policy you may contact us using the information below. http://www.minimumviablefitness.com hi@minimumviablefitness.com - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - # Terms and Conditions ## TERMS OF SERVICE AGREEMENT *PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF **11/16/2013**.* ## ACCEPTANCE OF TERMS The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with **JAKD LLC**, also known as **Minimum Viable Fitness** or **MVF**, located at **15 Park Row, New York, New York 10038**, and our subsidiaries and affiliates, in association with the use of the **MVF** website, which includes **minimumviablefitness.com** and **mvf.io** (the "Site(s)") and its Services, which shall be defined below. ## DESCRIPTION OF WEBSITE SERVICES OFFERED **
**The Site is made available to provide information about Minimum Viable Fitness and to enable users to participate in the MVF program. Any and all visitors to our site, despite whether they are registered or not, shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a "member." The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of **JAKD LLC**. At its discretion, **JAKD LLC** may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. **JAKD LLC** does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that **JAKD LLC** shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided Services. Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such **JAKD LLC** shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings. ## REGISTRATION To register and become a "member" of the Site, you must be 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving **MVF**'s Services under the laws and statutes of the United States or other applicable jurisdiction. Furthermore, the registering party hereby acknowledges, understands and agrees to: ​a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and ​b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times. If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, **JAKD LLC** will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of **JAKD LLC** Services, or any portion thereof. ## PRIVACY POLICY Every member's registration data and various other personal information are strictly protected by the **JAKD LLC** Online Privacy Policy (see the full Privacy Policy at **minimumviablefitness.com/legal**). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by **JAKD LLC** and/or our subsidiaries and affiliates. ## MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY After completion of the registration data and creation of your username, you will receive a password —which you can later change—and account designation. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify **JAKD LLC** immediately if you notice any unauthorized access or use of your account or password or any other breach of security. **JAKD LLC** shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS. ## CONDUCT As a member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of **MVF** Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by **MVF**. Furthermore, you herein agree not to make use of **JAKD LLC**'s Services for the purpose of: ​a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable; ​b) causing harm to minors in any manner whatsoever; ​c) impersonating any individual or entity, including, but not limited to, any **MVF** officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity; ​d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with; ​e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party; ​f) uploading, posting, emailing, transmitting or otherwise offering any such content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship; ​g) uploading, posting, emailing, transmitting or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose; ​h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment; ​i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions; ​j) interfering with or disrupting any **JAKD LLC** Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers; ​k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; ​l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act; ​m) "stalking" or with the intent to otherwise harass another individual; and/or ​n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs. **JAKD LLC** herein reserves the right, but not the responsibility or obligtation, to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right, but not the responsibility or obligation, to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members. **JAKD LLC** herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for: ​a) compliance with any legal process; ​b) enforcement of the TOS; ​c) responding to any claim that therein contained content is in violation of the rights of any third party; ​d) responding to requests for customer service; or ​e) protecting the rights, property or the personal safety of **JAKD LLC**, its visitors, users and members, including the general public. **JAKD LLC** herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by **JAKD LLC** or any other content providers supplying content services to **JAKD LLC**. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited. ## INTERSTATE COMMUNICATION Upon registration, you hereby acknowledge that by using The Sites to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions. ## CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES **JAKD LLC** shall not lay claim to ownership of any content submitted by any visitor , member or user, or make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for **JAKD LLC** the below listed worldwide, royalty-free and non-exclusive licenses, as applicable: ​a) The content submitted or made available for inclusion on the publicly accessible areas of The Sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of **JAKD LLC**'s sites, and shall terminate at such time when you elect to discontinue your membership. ​b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of **JAKD LLC**'s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of **JAKD LLC**'s sites and shall terminate at such time when you elect to discontinue your membership. ​c) For any other content submitted or made available for inclusion on the publicly accessible areas of **JAKD LLC**'s sites, the continuous, binding and completely sub- licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed. Those areas which may be deemed "publicly accessible" areas of **JAKD LLC**'s sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both visitors and members . However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging. ## CONTRIBUTIONS TO COMPANY WEBSITE **JAKD LLC** provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that: ​a) your Contributions do not contain any type of confidential or proprietary information; ​b) **MVF** shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions; ​c) **MVF** shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit; ​d) the contributor's Contributions shall automatically become the sole property of **MVF**; and ​e) **MVF** is under no obligation to either compensate or provide any form of reimbursement in any manner or nature. ## INDEMNITY All users and/or members herein agree to insure and hold **JAKD LLC**, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of **MVF** Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person. ## COMMERCIAL REUSE OF SERVICES The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to **MVF**'s sites. ## USE AND STORAGE GENERAL PRACTICES You herein acknowledge that **JAKD LLC** may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by **JAKD LLC**, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on **JAKD LLC**'s servers on the member's behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that **JAKD LLC** has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, **JAKD LLC** shall reserve the right to modify, alter and/or update these general practices and limits at our discretion. Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate with the ability to save your conversations in your account located on **JAKD LLC**'s servers. In this manner, you will be able to access and search your message history from any computer with internet access. You also acknowledge that others have the option to use and save conversations with you in their own personal account on **minimumviablefitness.com** or **mvf.io**. It is your agreement to this TOS which establishes your consent to allow **JAKD LLC** to store any and all communications on its servers. ## MODIFICATIONS **JAKD LLC** shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof. ## TERMINATION As a member of **minimumviablefitness.com**, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to **hi@minimumviablefitness.com**. As a member, you agree that **JAKD LLC** may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to: ​a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline; ​b) by way of requests from law enforcement or any other governmental agencies; ​c) the discontinuance, alteration and/or material modification to our Services, or any part thereof; ​d) unexpected technical or security issues and/or problems; ​e) any extended periods of inactivity; ​f) any engagement by you in any fraudulent or illegal activities; and/or ​g) the nonpayment of any associated fees that may be owed by you in connection with your **minimumviablefitness.com** or **mvf.io**account Services. Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services. The termination of your account with **minimumviablefitness.com** shall include any and/or all of the following: ​a) the removal of any access to all or part of the Services offered within the Sites; ​b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and ​c) the barring of any further use of all or part of our Services. ## ADVERTISERS Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that **JAKD LLC** shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website. ## LINKS Either **JAKD LLC** or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that **JAKD LLC** shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource. ## PROPRIETARY RIGHTS You do hereby acknowledge and agree that **JAKD LLC**'s Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by **JAKD LLC** or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on **JAKD LLC** Services (e.g. Content or Software), in whole or part. **JAKD LLC** herein has granted you personal, non-transferable and non- exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by **JAKD LLC** for use in accessing our Services. ## WARRANTY DISCLAIMERS YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: ​a) THE USE OF **JAKD LLC** SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. **JAKD LLC** AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. ​b) **JAKD LLC** AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICESNSORS MAKE NO SUCH WARRANTIES THAT (i) JAKD LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) JAKD LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE JAKD LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. ​c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY OF **JAKD LLC** SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. ​d) NO ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM **JAKD LLC** OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. ​e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED ELILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISON, EYE OR MUSCLE TWITCHES, LOSS OF AWARNESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. ## LIMITATION OF LIABILITY YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT **JAKD LLC** AND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGILBE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: ​a) THE USE OR INABILITY TO USE OUR SERVICE; ​b) THE COST OF PRECURING SUBSTITUTE GOODS AND SERVICES; ​c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; ​d) STATEMENTS OR CONDUCT OF ANY SUCH THRID PARTY ON OUR SERVICE; ​e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE. ## EXCLUSION AND LIMITATIONS THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LAIBILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. ## THIRD PARTY BENEFICIARIES You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be third-party beneficiaries to this agreement. ## NOTICE **JAKD LLC** may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner. ## TRADEMARK INFORMATION You herein acknowledge, understand and agree that all of the **JAKD LLC** trademarks, copyright, trade name, service marks, and other **JAKD LLC** logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of **JAKD LLC**. You herein agree not to display and/or use in any manner the **JAKD LLC** logo or marks. ## GENERAL INFORMATION ### ENTIRE AGREEMENT This TOS constitutes the entire agreement between you and **JAKD LLC** and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to **JAKD LLC** Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other **JAKD LLC** Services, affiliate Services, third-party content or third-party software. ### CHOICE OF LAW AND FORUM It is at the mutual agreement of both you and **JAKD LLC** with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of **Delaware** without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and **JAKD LLC**, shall be filed within the courts having jurisdiction within the County of **New York, New York** or the U.S. District Court located in said state. You and **JAKD LLC** agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. ### WAIVER AND SEVERABILITY OF TERMS At any time, should **JAKD LLC** fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. ### NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. ### STATUTE OF LIMITATIONS You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 12 months after said claim or cause of action arose or shall be forever barred.


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