PLEASE READ THESE TERMS OF USE BEFORE USING OR ACCESSING THIS SITE.

This TERMS OF USE applies to the www.Jurdy.com website (the "Site") and your use of the Site signifies your agreement with the following Terms ("Terms"). If you do not agree with any of the Terms, please do not use this Site. Jenifer Jurden and the Site (together "Jurdy.com") reserves the right, in its sole discretion, to modify these Terms without further notice and at any time. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. These Terms apply exclusively to your access to, and use of, the Site and do not alter in any way the terms or conditions of any other agreement you may have with Jurdy.com for products, services, or otherwise. If you register for and/or use the additional features located on our Site additional rules, policies, and disclaimers may apply.

Privacy Policy
Users of this Site should refer to Jurdy.com's Privacy Policy for information about how Jurdy.com uses, collects information, and may disclose or otherwise provide it to third parties.

Copyright and Trademarks

Copyrights: All materials on this Site, including, without limitation, the Jurdy.com logo, design, text, Jurdy™ cartoons and images, graphics, software, other files, and the selection and arrangement thereof (the "Content") are protected by copyrights which are owned or licensed by Jurdy.com, or otherwise used with permission by Jurdy.com. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Content from the Site or any other site owned or operated by Jurdy.com without the prior written permission of Jurdy.com. Any modification of the Content, or any portion thereof, or use of the Content for any other purpose constitutes an infringement of Jurdy.com's copyrights and other proprietary rights. Use of the Content on any other site or other networked computer environment is prohibited without prior written permission from Jurdy.com.

Trademarks:

The JURDY, JURDY GREEN, JURDY DUDE and the JURDY Design are trademarks in the United States may not be copied, imitated, or used, in whole or in part, without the prior written permission of Jurdy.com. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Jurdy.com, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Jenifer Jurden.

User Conduct

In using the Site, you agree:

• Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites;
• Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites;
• Not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive, or destructive files;
• Not to use, frame, or utilize framing techniques to enclose any Jurdy.com trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without Jurdy.com's express written consent;
• Not to use meta tags or any other "hidden text" utilizing any of our names, trademarks, or product names without Jurdy.com's express written consent;
• Not to "deeplink" to this Site without Jurdy.com's express written consent;
• Not to create or use a false identity on this Site;
• Not to collect or store personal data about others; and
• Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access.

Links
Jurdy.com makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Jurdy.com and Jurdy.com is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by Jurdy.com of the Site or any information contained therein. When leaving the Site, you should be aware that Jurdy.com's Terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

Disclaimers
By using this Site and/or transmitting to it any Content, you agree to indemnify Jurdy.com, its officers, directors, parents, partners, employees, agents, distributors, affiliates, subsidiaries and their related companies for any and all claims, damages, losses and causes of action arising out of your breach or alleged breach of this agreement.

THE MATERIALS ON THIS SITE AND ANY PRODUCTS OR SERVICES PROMOTED, MARKETED, AND/OR SOLD BY JURDY.COM OR OTHERS ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. JURDY.COM MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY MATERIALS ON THE SITE AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you.

The materials provided in this Site are for entertainment and promotional purposes only. User may not rely on any information and opinions expressed in it for any other purpose. Neither Jurdy.com, nor its officers, directors, parents, partners, employees, agents, distributors, affiliates, subsidiaries and their related companies are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on the Site.

Limitations on Liability
IN NO EVENT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL JURDY.COM OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE SAFETY OR FUNCTION OF ANY PRODUCT; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (V) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VI) OTHERWISE UNDER THIS AGREEMENT, EVEN IF JURDY.COM OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, JURDY.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO JURDY.COM FOR ANY PRODUCTS SUPPLIED BY JURDY.COM THROUGH YOUR USE OF THE SITE.

Jurdy.com will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including without limitation Internet outages, communications outages, fire, flood, or war.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Changes to the Site
Jurdy.com may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that Jurdy.com shall not be liable therefor.

International Users
This Site is controlled, operated, and administered by Jurdy.com from its offices within the United States of America. Jurdy.com makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

Applicable Law and Disputes
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without resort to its conflict of law provisions. In the event of a dispute arising out of your use of the Site and/or these Terms, the proper jurisdiction and venue will be the state courts of the State of Delaware in New Castle County or, as may be appropriate, the U.S. District Court District of Delaware. You consent to the exercise of personal jurisdiction of these courts over you in the event of such a dispute.

Representations and Warranties
You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least thirteen (13) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Site only as set forth in the Terms. Jurdy.com does not warrant that: (a) the Site will be uninterrupted or error free; (b) defects or errors in the Site will be corrected; (c) the Site will be free from viruses or other harmful components; or (d) any information contained in the Site will be accurate or reliable.

Headings The section titles in these Terms are used solely for the convenience of you and Jurdy.com and have no legal or contractual significance.

Severability If any provision of these Terms shall be deemed 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.

General The Terms constitute the entire agreement between Jurdy.com and you with respect to your use of the Site. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by Jurdy.com to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.

Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Jurdy.com, and you do not have any authority to create any obligation or make any representation on Jurdy.com's behalf. You may not assign this agreement, by operation of law or otherwise, without Jurdy.com's written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and Jurdy.com and their respective successors and assigns.
 

Last Updated: January 10, 2008