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Terms of Service
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND JMS SOUTHEAST, INC.
("JMS") STATING THE TERMS THAT GOVERN YOUR USE OF THE JMS PTC
19.3 THERMOWELL SOFTWARE SERVICE AND THE REGISTERED USER
PORTION OF THE JMS WEB PAGE ( www.jms-se.com). THIS AGREEMENT -
TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE
LICENSES, AND ALL OF JMS'S RULES AND POLICIES - COLLECTIVELY
CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND JMS. TO AGREE TO
THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE
TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE. YOU
MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU:
CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND JMS
MAY REFUSE ACCESS TO THE JMS PTC 19.3 THERMOWELL SOFTWARE FOR
NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
- Definition of the JMS PTC 19.3 Software Service. JMS is the
provider of the JMS PTC 19.3 Software Service (the "Service")
that permits you to access the member portion of the JMS
website and use the JMS PTC 19.3 Software, under certain terms
and conditions as set forth in this Agreement.
- Age requirements for use of the Service. This Service is
available for individuals aged 18 years or older.
- System Requirements. Use of the Service requires one or
more compatible devices, Internet access (fees may apply), and
certain software (fees may apply), and may require obtaining
updates or upgrades from time to time. Because use of the
Service involves hardware, software, and Internet access, your
ability to use the Service may be affected by the performance
of these factors. High speed Internet access is strongly
recommended. You acknowledge and agree that such system
requirements, which may be changed from time to time, are your
responsibility. The Service is not part of any other product
or offering, and no purchase or rental (as applicable) or
obtaining of any other product shall be construed to represent
or guarantee you access to the Service.
- Policies and Rules. Your use of the Service and
transactions made through it are subject to JMS's Terms and
Conditions of Sale at
https://www.jms-se.com/ordering.php,
which can be readily viewed on the JMS website, and any other
terms and conditions required for use of the Service, all of
which are hereby made a part of this Agreement. If you have
not already read JMS's Terms and Conditions of Sale, you
should do so now. Your purchase of products made through the
Service is subject to the JMS Terms and Conditions of Sale
which are hereby made a part of this Agreement.
- Your Information. You agree to provide accurate, current,
and complete information required to register with the Service
and at other points as may be required in the course of using
the Service ("Registration Data"). You further agree to
maintain and update your Registration Data as required to keep
it accurate, current, and complete. JMS may terminate your
rights to any or all of the Service if any information you
provide is false, inaccurate or incomplete. You agree that JMS
may store and use the Registration Data you provide (including
credit card and PayPal account information) for use in
maintaining your accounts and billing fees to your credit card
or PayPal account.
- User Account and Security.
a. Account and Password. As a registered user of the Service,
you may receive or establish an account ("Account"). You are
solely responsible for maintaining the confidentiality and
security of your Account. You should not reveal your Account
information to anyone else or use anyone else's Account. You
are entirely responsible for all activities that occur on or
through your Account, and you agree to immediately notify JMS
of any unauthorized use of your Account or any other breach of
security. JMS shall not be responsible for any losses arising
out of the unauthorized use of your Account.
b. Security. You understand that the Service, and products
transacted through the Service, include a security framework
using technology that protects digital information and limits
your usage of Products to certain usage rules established by
JMS and its licensors ("Usage Rules"). You agree to comply
with such Usage Rules, as further outlined below, and you
agree not to violate or attempt to violate any security
components. You agree not to attempt to, or assist another
person to, circumvent, reverse-engineer, decompile,
disassemble, or otherwise tamper with any of the security
components related to such Usage Rules for any reason
whatsoever. Usage Rules may be controlled and monitored by JMS
for compliance purposes, and JMS reserves the right to enforce
the Usage Rules with or without notice to you. You will not
access the Service by any means other than through software
that is provided by JMS for accessing the Service. You shall
not access or attempt to access an Account that you are not
authorized to access. You agree not to modify the Service
software in any manner or form, or to use modified versions of
the Service software, for any purposes including obtaining
unauthorized access to the Service. Violations of system or
network security may result in civil or criminal liability.
- Use of Service and Content
JMS has the right, but not the obligation, to monitor any
information and materials submitted or posted by you or
otherwise available on the Service, to investigate any
reported or apparent violation of this Agreement, and to take
any action that JMS in its sole discretion deems appropriate,
including, without limitation, under Section 11 below.
- Territory. The Service is available to you only in the
United States, its territories, and possessions. You agree not
to use or attempt to use the Service from outside of the
available territory, and that JMS may use technologies to
verify your compliance.
- Agreement to Pay.
a. Payment for Products. You agree to pay for all Products you
purchase or rent (as applicable) through the Service, and that
JMS may charge your credit card or PayPal account for any
Products purchased or rented (as applicable), and for any
additional amounts (including any taxes and late fees, as
applicable) as may be accrued by or in connection with your
Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL
FEES AND FOR PROVIDING JMS WITH A VALID CREDIT CARD OR PAYPAL
ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be
billed to the credit card, or the PayPal account, you
designate during the registration process. If you want to
designate a different credit card or if there is a change in
your credit card or PayPal account status, you must change
your credit card or PayPal account information online at the
Account Info section of the Service. (There may be a temporary
disruption of your access to the Service until JMS can verify
the validity of the new credit card or PayPal account
information.)
b. Right to Change Prices and Availability of Products. Prices
and availability of any Products are subject to change at any
time.
c. Electronic Signatures and Contracts. Your use of the
Service includes the ability to enter into agreements and/or
to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR
ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO
BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS.
YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC
SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL
TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF
CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
d. In order to access and retain your electronic records, you
may be required to have certain hardware and software, which
are your sole responsibility.
- Intellectual Property.
a. Acknowledgement of Ownership. You agree that the Service,
including but not limited to Products, graphics, user
interface, audio clips, video clips, editorial content, and
the scripts and software used to implement the Service,
contains proprietary information and material that is owned by
JMS and/or its licensors, and is protected by applicable
intellectual property and other laws, including but not
limited to copyright, and that you will not use such
proprietary information or materials in any way whatsoever
except for use of the Service in compliance with the terms of
this Agreement. No portion of the Service may be reproduced in
any form or by any means, except as expressly permitted
hereunder. You agree not to modify, rent, lease, loan, sell,
distribute, or create derivative works based on the Service,
in any manner, and you shall not exploit the Service in any
unauthorized way whatsoever, including but not limited to, by
trespass or burdening network capacity.
b. Removal of JMS Content or Other Materials. Notwithstanding
any other provision of this Agreement, JMS and its licensors
reserve the right to change, suspend, remove, or disable
access to any Products, content, or other materials comprising
a part of the Service at any time without notice. In no event
will JMS be liable for the removal of or disabling of access
to any such Products, content or materials under this
Agreement. JMS may also impose limits on the use of or access
to certain features or portions of the Service, in any case
and without notice or liability.
c. Copyrights. All copyrights in and to the Service, including
but not limited to, the member log in portion of the JMS
website (including the compilation of content, postings, links
to other Internet resources, and descriptions of those
resources), and software, are owned by JMS and/or its
licensors, who reserve all their rights in law and equity. THE
USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE
OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS
STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY
RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL
PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT
INFRINGEMENT.
d. Trademarks. JMS, the JMS logo, Swifty Sensor, and other JMS
trademarks, service marks, graphics, and logos used in
connection with the Service are trademarks or registered
trademarks of JMS Inc. in the U.S. and/or other countries.
Other trademarks, service marks, graphics, and logos used in
connection with the Service may be the trademarks of their
respective owners. You are granted no right or license with
respect to any of the aforesaid trademarks and any use of such
trademarks.
- Termination.
a. Termination by JMS. If you fail, or JMS suspects that you
have failed, to comply with any of the provisions of this
Agreement, including but not limited to failure to make
payment of fees due, failure to provide JMS with a valid
credit card or with accurate and complete Registration Data,
failure to safeguard your Account information, violation of
the Usage Rules or any license to the software, or
infringement or other violation of third parties' rights, JMS,
at its sole discretion, without notice to you may: (i)
terminate this Agreement and/or your Account, and you will
remain liable for all amounts due under your Account up to and
including the date of termination; and/or (ii) terminate the
license to the software; and/or (iii) preclude access to the
Service (or any part thereof).
b. Termination of the Service. JMS reserves the right to
modify, suspend, or discontinue the Service (or any part or
content thereof) at any time with or without notice to you,
and JMS will not be liable to you or to any third party should
it exercise such rights.
- General Compliance with Laws. The Service is controlled
and operated by JMS from its offices in the United States. You
agree to comply with all local, state, federal, and national
laws, statutes, ordinances, and regulations that apply to your
use of the Service.
- Enforcement of These Terms. JMS reserves the right to
takes steps JMS believes are reasonably necessary or
appropriate to enforce and/or verify compliance with any part
of this Agreement (including but not limited to JMS's right to
cooperate with any legal process relating to your use of the
Service and/or Products, and/or a third party claim that your
use of the Service and/or Products is unlawful and/or
infringes such third party's rights). You agree that JMS has
the right, without liability to you, to disclose any
Registration Data and/or Account information to law
enforcement authorities, government officials, and/or a third
party, as JMS believes is reasonably necessary or appropriate
to enforce and/or verify compliance with any part of this
Agreement (including but not limited to JMS's right to
cooperate with any legal process relating to your use of the
Service and/or Products, and/or a third party claim that your
use of the Service and/or Products is unlawful and/or
infringes such third party's rights).
- No Responsibility for Third-Party Materials or Web sites.
Certain content, Products, and services available via the
Service may include materials from third parties. In addition,
JMS may provide links to certain third-party Web sites. You
acknowledge and agree that JMS is not responsible for
examining or evaluating the content or accuracy of any such
third-party material or Web sites. JMS does not warrant or
endorse and does not assume and will not have any liability or
responsibility for any third-party materials or Web sites, or
for any other materials, products, or services of third
parties. Links to other Web sites are provided solely as a
convenience to you. You agree that you will not use any
third-party materials in a manner that would infringe or
violate the rights of any other party, and that JMS is not in
any way responsible for any such use by you.
- Disclaimer of Warranties; Liability Limitations.
a. JMS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE
OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU
AGREE THAT FROM TIME TO TIME JMS MAY REMOVE THE SERVICE FOR
INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME,
WITHOUT NOTICE TO YOU.
b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE,
THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS
AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT
AS EXPRESSLY STATED BY JMS) PROVIDED "AS IS" AND "AS
AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF
IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
c. IN NO CASE SHALL JMS, ITS DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR
CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE
SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE
OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR
OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT)
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME
STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES OR JURISDICTIONS, JMS'S LIABILITY
SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
d. JMS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION
SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU
ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION
IS AT YOUR SOLE RISK, AND JMS HEREBY DISCLAIMS ANY AND ALL
LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH
INFORMATION IN ANY WAY.
e. JMS DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL
BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE,
HACKING, OR OTHER SECURITY INTRUSION, AND JMS DISCLAIMS ANY
LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR
BACKING UP YOUR OWN SYSTEM, INCLUDING ANY REPORTS PURCHASED OR
PRODUCED FROM THE SERVICE THAT ARE STORED IN YOUR SYSTEM.
- Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO
INDEMNIFY AND HOLD JMS, ITS DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH
RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS
AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY JMS
AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS
AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A
VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU
CANNOT SUE OR RECOVER ANY DAMAGES FROM JMS, ITS DIRECTORS,
OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND
LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO
PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR
TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER
ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS
A RESULT OF JMS'S CONCLUSION THAT A VIOLATION OF THIS
AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION
APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS
AGREEMENT.
- Changes. JMS reserves the right, at any time and from time
to time, to update, revise, supplement, and otherwise modify
this Agreement and to impose new or additional rules,
policies, terms, or conditions on your use of the Service.
Such updates, revisions, supplements, modifications, and
additional rules, policies, terms, and conditions
(collectively referred to in this Agreement as "Additional
Terms") will be effective immediately and incorporated into
this Agreement. Your continued use of the Service following
will be deemed to constitute your acceptance of any and all
such Additional Terms. All Additional Terms are hereby
incorporated into this Agreement by this reference.
- Notices. JMS may send you notice with respect to the
Service by sending an email message to the email address
listed in your JMS Account contact information, by sending a
letter via postal mail to the contact address listed in your
JMS Account contact information, or by a posting on the JMS
Registered Users Home Page. Notices shall become effective
immediately.
- Governing Law. The laws of the State of North Carolina,
excluding its conflicts of law rules, govern these Terms of
Service and your use of the Service. Your use of the Service
may also be subject to other local, state, national, or
international laws. You expressly agree that exclusive
jurisdiction for any claim or dispute with JMS or relating in
any way to your use of the Service resides in the courts of
the State of North Carolina.
- Miscellaneous. These Terms of Service constitute the
entire agreement between you and JMS and govern your use of
the Service, superseding any prior agreements between you and
JMS. You also may be subject to additional terms and
conditions that may apply when you use affiliate services,
third-party content, or third-party software. If any part of
these Terms of Service is held invalid or unenforceable, that
portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions shall
remain in full force and effect. JMS's failure to enforce any
right or provisions in these Terms of Service will not
constitute a waiver of such provision, or any other provision
of these Terms of Service. If any provision of this Agreement
is found by a court of competent jurisdiction to be invalid,
the other provisions will remain in full force and effect. JMS
will not be responsible for failures to fulfill any
obligations due to causes beyond its control.
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