TERMS AND CONDITIONS OF USE
Terms and Conditions of Use for Jaks Digital LLC
Last Updated on October 17, 2022
NOTICE: These Terms and Conditions of Use (“Terms”) are legally binding. It is the user’s (“Your”) own responsibility to read these Terms carefully prior to purchase, use, or access of any of our products, including online courses.
GENERAL PROVISIONS
Jaks Digital LLC provides custom brand and website design services (the “Service”). The website, the https://www.jaksdigital.com/ (the “Website,” "Site"), is owned and operated by Jaks Digital LLC (“Our,” “We,” “Us,” the “Company”), a New York State company. Our principal place of business is located at 218 E Park Avenue #426, Long Beach, NY 11561.
Please read these Terms carefully. By accessing or using any part of the Service, You acknowledge that You have read, understand, and agree to be bound by all of the Terms and all applicable laws and regulations. If You do not agree with any of these Terms, You are prohibited from using or accessing this site. Use of the Service is expressly conditioned upon Your acceptance of the Terms.
You must be at least sixteen (16) years of age to use Our Website. Use of this Website is at Your own risk. We host Our Site on a reputable platform and take reasonable efforts to maintain and host the Site. However, We make no explicit representations or warranties as to the safety of Your individual use of the Website. The Terms contained on this page are subject to change at any time.
INTELLECTUAL PROPERTY
All images, text, designs, graphics, trademarks, and service marks are owned by and property of Jaks Digital LLC, or the properly attributed party. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.
You may NOT use Our intellectual property in any way, which includes republishing any text, image, design, or other property on another Website, or posting a quote or image from Our site to any third-party Website including social media. We have spent a great deal of time and money building the intellectual property located on this site and in order to maintain the integrity of it, We cannot allow any third party use.
Your Content
You give us permission to use any Service created for You (“User Content”) in ways necessary to provide, improve, promote, and protect our Services. You acknowledge that You have all rights and permissions necessary to use, share, display, transfer, and license Your User Content via the Services and in the manner set forth in these Terms. If We use Your User Content in the ways described in this Agreement, You represent and warrant that such use will not infringe or violate the rights of You or any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets, or any other intellectual property or proprietary rights.
DIGITAL MILLENIUM COPYRIGHT NOTICE
We have adopted the following policy toward copyright infringement on the Website in accordance with the Digital Millennium Copyright Act (the “DMCA”). Our policy is to investigate any allegations of copyright infringement brought to Our attention.
Take-Down Notice
If you believe Your rights or the rights of a third party have been violated and you want Us to delete, edit, or disable the material in question, You must provide the following information to Our designated copyright agent (“DMCA Agent”) set forth below:
A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
Identification of the copyrighted work (or works) claimed to have been infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Us to locate the material (providing URLs in the content of an email is the best way to help us locate content quickly);
Information reasonably sufficient to permit Us to contact you, including Your address, telephone number, and e-mail address at which you may be contacted;
A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the person authorized to act on the copyright owner’s behalf, or the law; and
A statement made under penalty of perjury, that the above information in your notice is accurate and that You are the copyright owner or You are authorized to act on the copyright owner’s behalf.
The above information must be submitted to the following DMCA Agent:
Attn: Jackie Elephante
Address: 840 Shore Road, Long Beach, NY 11561
Email: hello@jaksdigital.com.
If you fail to comply with all of the requirements above, Your DMCA notice may not be valid and may not be acknowledged.
Counter-Notice
If You believe You are the wrongful subject of a DMCA notification, You may file a counter-notification to the DMCA Agent at the email or address above:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
Your name, address, and telephone number; and
A statement that You consent to the jurisdiction of federal district court in the judicial district in which your address is located, or if Your address is outside of the United States, for any judicial district in which You may be found and that You will accept service of process from the person who provided the initial notification of alleged infringement.
Upon receipt of a valid counter-notice, We will send a copy of it to the original complaining party who submitted the DMCA notification. The original party will have then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If We do not receive any such notification within ten (10) days, we may restore the material to the Website.
SECURITY AND ASSUMPTION OF RISK
Security
It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms. You agree to immediately notify us of any unauthorized use of our password or account or any other breach of security. We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as PayPal. By utilizing these payment processors to gain access to the Service, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, including charges resulting from unauthorized use of Your account, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
Confidentiality
You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
Assumption of Risk
By accessing Our Service and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.
YOUR COMMUNICATIONS
Any communications made through Our ‘contact’, blog, blog comments, newsletter sign up, or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on Our Website, servers, comments, emails, or other media as allowed by United States of America law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy on the Site.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.
DISCLAIMERS
Our Website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our Website and Company for any direct or indirect loss or conduct incurred as a result of Your use of Our Website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While We may reference certain results, outcomes or situations on this Website, You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this Website, related materials, products, courses, or the materials contained herein.
This Website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this Website is used at Your own risk. If You should see any errors or omissions and would like to let Us know, please email Us at hello@jaksdigital.com.
Third Party Disclaimer
You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.
Warranties Disclaimer
WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
THIRD PARTY SITES & SERVICES
Our Service may contain links to third party web sites or services that are not owned or controlled by Jaks Digital LLC. You will use such links at Your own risk.
The Site may also use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms. When You access third party sites, You do so at Your own risk. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this Website or related communications.
INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS
Indemnification
To the fullest extent permitted by law, You agree to indemnify and hold harmless Jacks Digital LLC and its affiliates, employees, agents, subcontractors, and assignees from and against all damages, losses, liabilities, costs, claims, demands, fines, awards, and expenses of any kind (including without limitation reasonable attorneys’ fees and cost) (collectively, “Losses”). Losses may arise out of or related to, but are not limited to, Your breach of these Terms, Your use of the Services, Your User Content, Your infringement or violation of any law or regulation or the rights of any third party, or termination of Your access to the Service.
You agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by Us.
Termination
This Agreement will remain in effect until terminated by either You or Us. If at any time We feel You have violated these Terms, then We shall immediately terminate Your use of the Website and any related communications as We deem appropriate. It is within Our sole discretion to allow any user’s access of the Website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to the Site(s).
All provisions of the Terms which by their nature should survive termination shall survive termination, including without limitation the following sections in these Terms and any similar sections or provisions in the rest of this Agreement: Our Intellectual Property, Your Content, Disclaimers, Indemnification, and Limitation of Liability.
Entire Agreement
Before You register with the Website or make any purchases therefrom, You will be asked to consent to Our Privacy Policy. The Privacy Policy together with these Terms, (collectively, the “Agreement”), constitutes the entire agreement between the Site users and Our Company relating to the use of this Website. You agree that you have not relied upon, and have no remedies in respect of, any term, condition, statement, warranty, or representation except those expressly set out in Agreement.
LAW AND JURISDICTION
The Agreement is governed by and construed in accordance with the laws of New York, United States. Any dispute arising out of or related to the information contained herein is subject to adjudication in the State of New York, United States.
CONSENT
By using the Website, You hereby consent to the Agreement.
If You require any more information or have any questions about the Agreement, please feel free to contact Us by email at hello@jaksdigital.com.
ALL RIGHTS RESERVED
All rights not expressly granted in the Agreement or any express written here, are reserved by the Company.
SEVERABILITY
If any part of the Agreement is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
CONTACT INFORMATION
Email: hello@jaksdigital.com