Terms of Service

Our Terms of Service

Terms of Service

Effective Date: December 6, 2010

These Terms of Service (“Terms”) govern your access to and use of the services and JIC Design’ websites (the “Sites”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Sites (collectively referred to as “Content”). Your access to and use of the Sites is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Sites you agree to be bound by these Terms. If you do not agree to these Terms or to our Privacy Policy located at http://www.jicdesign.com/privacy-policy.html, please do not access the Sites. JIC Design reserves the right to change these Terms at any time. JIC Design recommends that you periodically check this page.

Intellectual Property (Trademarks & Copyrights)

Ownership. All content included on the Sites, such as text, graphics, logos, button icons, images, and software, as well as the compilation of any of the foregoing (meaning the collection, arrangement and assembly), are the property of JIC Design or its content suppliers and protected by Canadian and international copyright laws. You acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Sites or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by JIC Design or such advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Sites, services, products or software, in whole or in part.

Permitted Use. The content and software on the Sites may be used as an information, entertainment, and/or registration resource. In addition, JIC Design hereby authorizes you to view, copy, download, and print for personal use only any JIC Design-owned content on the Sites. Such personal use is subject to the following conditions: (i) content may be used only for non-commercial, informational purposes and may not be posted or distributed, (ii) the content may not be modified, and (iii) copyright, trademark and other proprietary notices may not be removed. This permission does not extend to materials owned by JIC Design licensors. Except as expressly stated in these Terms of Service or as otherwise specifically authorized by JIC Design, you may not duplicate, download, publish, modify or otherwise distribute (including through the use of frames or deep links) the material on the Sites. Furthermore, you may not copy, reproduce or distribute the design or layout of the Sites, the JIC Design logos or other design elements or software. Any use of the Site content not described herein is strictly prohibited. You also shall not (and shall not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software contained in any JIC Design Site. You agree not to modify any software for an JIC Design Site in any manner or form, nor to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Sites. You agree not to access the Sites by any means other than through the interface that is provided and authorized by JIC Design.

Trademarks. JIC Design trademarks identify JIC Design products and services, and let the public know the source of those products and services. You may make comparative or other nominal fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution to JIC Design. Other uses require written permission from JIC Design, and absent such express permission, you agree not to use or display the JIC Design trademarks in any manner. Please make such requests by e-mail to privacy AT jicdesign.com; we will evaluate your request as soon as possible.

User Responsibility

You are solely responsible for your use of the Sites. Because some of the Sites merely serve as a repository of information, user-posted content does not represent the advice, views, opinions or beliefs of JIC Design, and JIC Design makes no claim of accuracy of any user-posted material. Some Sites allow for the posting of links to third-party websites. The linked websites’ content, business practices and privacy policies are not under the control of JIC Design, and JIC Design is not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link on Sites does not imply any endorsement by or any affiliation with the Sites. In accessing the Sites or following links to third-party websites you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using the Sites.

User-Posted Content

JIC Design may provide interactive areas on the Sites, in which users may post communications. You understand that all information (including your member name or user name), data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not JIC Design, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Sites. JIC Design does not control the Content posted via the Sites and, as such, does not guarantee the accuracy, integrity or quality of such Content. You further understand that the internet has no geographical boundaries, and you therefore agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.

JIC Design does not claim ownership of any Content submitted and/or posted by you on any JIC Design Site(s). However, by submitting and/or posting any Content to the Sites, you grant JIC Design a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use.

In consideration of being allowed to use the JIC Design interactive areas and Sites, you agree not to:

a.impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of JIC Design.

b.use an inappropriate member name of any kind.

c.target or harm minors in any way.

d.forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Sites.

e.upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

f.upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party.

g.upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose.

h.upload, post, email, transmit or otherwise make available 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.

i.disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Sites are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.

j.interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.

k.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, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.

l.provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

m.upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.

n.”stalk” or otherwise harass another; and/or

o.collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.

The foregoing actions shall constitute a material breach of these Terms of Service. JIC Design reserves the right to delete from the Sites any Content, postings or member names that violate the above terms and will cooperate fully with any law enforcement officials and/or agencies in the investigation of any violator or violators, up to and including complete and immediate termination of your registration and/or accounts with JIC Design. You acknowledge that JIC Design may or may not pre-screen Content, but that JIC Design and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Sites. Without limiting the foregoing, JIC Design and its designees shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by JIC Design or submitted to JIC Design, including without limitation information in JIC Design Message Boards and in all other parts of the Sites.

You acknowledge, consent and agree that JIC Design may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of JIC Design, its users and the public.

You understand that the technical processing and transmission of the Sites, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Sites and software embodied within the Sites may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by JIC Design and/or content providers who provide content to the Sites. You may not attempt to override or circumvent any of the usage rules embedded into the Sites. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Sites, in whole or in part, is strictly prohibited.

Should you choose to submit any ideas, suggestions, documents, and/or proposals (“Submissions”) to JIC Design through any of its media, you acknowledge and agree that: (i) your Submissions do not contain confidential or proprietary information; (ii) JIC Design is not under any obligation of confidentiality, express or implied, with respect to the Submissions; (iii) JIC Design shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (iv) JIC Design may have something similar to the Submissions already under consideration or in development; (v) your Submissions shall automatically become the property of JIC Design without any obligation of JIC Design to you; and (vi) you are not entitled to any compensation or reimbursement of any kind from JIC Design under any circumstances.

Registration and Password

You are responsible for maintaining the confidentiality of your login ID and password (your “registration”). You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify JIC Design of any unauthorized use of your registration. You further represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself as submitted to JIC Design, and (ii) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or JIC Design has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. JIC Design has the right to immediately suspend or terminate your account and refuse any and all current or future use of the Sites or related products and services (or any portion thereof). JIC Design makes every effort to protect individual privacy and personal information, and is particularly concerned about child privacy. Parents of children under the age of 13 who wish to allow their children access are required to provide their consent for any registration. By creating such a registration involving your child under the age of 13, you certify that you are at least 18 years old or that you are the parent or legal guardian of the child/children listed on the registration. Unless you have notified us otherwise, You also give your child permission to access many areas of the Sites related to the registration, including email, message boards and other registration related information. Please remember that the Sites and JIC Design services are intended to apply to a broad audience. Accordingly, as the parent or legal guardian, it is your responsibility to determine whether any of the Sites areas and/or content are appropriate for your child.

Registration data and certain other information about you is subject to JIC Design’s Privacy Policy located at: http://www.jicdesign.com/privacy-policy.html. Through your use of the Sites and related services you consent to the collection and use (as set forth in the Privacy Policy) of certain information about you, including the transfer of this information to the United States and/or other countries for storage, processing and use by JIC Design and its affiliates.

Charges and Billing For Certain JIC Design Sites. Certain of the JIC Design Sites, require payment of access fees. By registering for those Sites, you hereby authorize JIC Design to charge your credit card or another payment method in advance for all applicable fees incurred by you in connection with your chosen service and registration for your account. You hereby understand and agree that in most cases, JIC Design will be charging your designated credit card or account in accordance with the payment schedule of the service for which you have registered, but some service fees may accumulate on your credit card account before they are actually charged to your credit card. You further understand and agree that it is your responsibility to notify JIC Design of any changes to your credit card or if your credit card has expired otherwise your access to the Service may be disconnected or interrupted. All fees shall be paid in Canadian dollars.

JIC Design reserves the right to change any fees (which includes but is not limited to, charging a fee for packages, options, upgrades and/or a Service for which JIC Design does not currently charge a fee) or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after JIC Design posts such modification on the applicable Site(s). JIC Design also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply immediately after you register for the associated service. You may cancel any your Account or any associated optional or upgraded services therefore at any time, but JIC Design will not refund any remaining portion of your pre-paid fees and you may be charged an additional cancellation fee.

You agree to pay your Account balance on time. You also agree to pay any taxes, including sales or use taxes, resulting from your use of the Service. Amounts not paid by you to JIC Design when due will be assessed an additional 3% (or the highest amount allowed by law, whichever is lower) per month if your payment is more than thirty (30) days past due, unless specified on your invoice. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that JIC Design may incur in its efforts to collect any remaining balances due from you. This section titled Charges and Billing For Certain Sites shall in no way limit any other remedies available to JIC Design. You also understand and agree that you will be billed for and will pay any outstanding balances if you cancel your account or your account is terminated. You must notify JIC Design of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If you do not notify JIC Design within sixty (60) days, you waive any right to dispute such problems or discrepancies.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF JIC DESIGN SITES IS AT YOUR SOLE RISK. JIC DESIGN IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JIC DESIGN AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE INFORMATION ON THE SITES OR OTHERWISE BY JIC DESIGN IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER JIC DESIGN NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN JIC DESIGN, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. JIC DESIGN ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND ARTICLES ON JIC DESIGN CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU MUST CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON JIC DESIGN.

JIC DESIGN MAKES NO WARRANTY THAT THE SITES’ SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. JIC DESIGN DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN, OR PROVIDED IN CONNECTION WITH, THE SITES. JIC DESIGN IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

Limitation of Liability

JIC DESIGN, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JIC DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SITES, PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITES; (C) USE BY YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH JIC DESIGN; (D) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY JIC DESIGN; (E) PERSONAL INJURY NOT CAUSED BY JIC DESIGN’S GROSS NEGLIGENCE; (F) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; OR (H) ANY OTHER MATTER RELATING TO THE SITES, OR JIC DESIGN PRODUCTS OR SERVICES. YOU AGREE THAT JIC DESIGN’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY JIC DESIGN FROM YOU.

Indemnification

You agree to defend, indemnify and hold harmless JIC Design, its subsidiaries, and each of their affiliates, directors, officers, agents, partners, contractors, licensors, licensees and employees or the author of any training program from any claim, demand, loss, liability or expense (including reasonable attorneys’ fees), relating to or arising out of: your use of JIC Design’s services; the Sites; any other websites accessed from or affiliated with the Sites; any products purchased off of the Sites or websites available from or related to the Sites; the use by you of any training programs purchased through JIC Design; your violation of these Terms of Service; content you submit, post, transmit or otherwise make available through the Sites; or any other infringement committed by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.

Indemnification

JIC Design reserves the right, in its sole discretion, to immediately and without any prior notice to suspend or terminate (i) these Terms of Service; (ii) your registration with or ability to access the Sites and/or any other service provided to you by JIC Design upon; (a) any breach by you of these Terms of Service or upon your demonstration of conduct that JIC Design determines to be inappropriate; (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Sites and/or JIC Design services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Where your account or registration with JIC Design is terminated, you may be required to forfeit any credits, pre-paid fees, and any other amounts collected by JIC Design as part of your use and registration of the Sites. JIC Design shall not be required to refund, redeem or pay any such amounts to you, and you shall remain liable to JIC Design for any charges, fees, commitments, and obligations incurred by you prior to such termination. All records, information, messages, content and other information related to your registration and account may also be deleted by JIC Design in its sole discretion without any notice or liability to you. JIC Design shall not be liable to you or any third party for any termination of your account, any associated account related or identifying information, or access to the Sites and/or JIC Design services.

1.Applicable Law; Consent to Jurisdiction

The Sites (excluding linked sites) are controlled by JIC Design from its offices within the Province of Ontario, Canada. The Sites can be accessed from all provinces, as well as from other countries around the world. As each of these places has laws that may differ from those of Ontario, by accessing the Sites both you and JIC Design agree that the statutes and laws of the Province of Ontario, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the Sites.

You agree that exclusive jurisdiction for any dispute with JIC Design, or in any way relating to your membership or use of JIC Design, resides in the courts of the Province of Ontario and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Province of Ontario in connection with any dispute including any claim involving JIC Design or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

Miscellaneous

JIC Design reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, these Terms of Service, the Sites and/or JIC Design services (or any part thereof) with or without notice. JIC Design shall not be liable to you or to any third party for any modification, suspension or discontinuance. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. JIC Design may assign its rights and obligations under these Terms of Service and upon such assignment JIC Design may be relieved of any further obligation hereunder.

You represent to JIC Design that you have the authority to register with JIC Design according to these Terms of Service. The failure of JIC Design to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 these Terms of Service remain in full force and effect. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. JIC Design may provide you with notices, including those regarding changes to these Terms of Service, by email, regular mail or postings on the Sites. Except for certain JIC Design licensors, or as may be otherwise expressly provided herein, there are no third-party beneficiaries to these Terms of Service.

With your prior approval, JIC Design reserves the right to charge fees, surcharges and/or membership fees at any time.

Contact Us

JIC Design welcomes your feedback regarding this Terms of Service and our Privacy Policy. If you have any questions, comments, or concerns about either one, please contact us by emailing privacy AT jicdesign.com or postal mail at:

JIC Design Inc
1528 Joyceville Road
Kingston, ON
K7L4V1