Terms
Terms of Service
The following terms and conditions apply to your use of this Website, jrami.com, including access to the Content. Please read these terms and conditions carefully before using the Website and accessing the Content. By using the Website or the Content, you are consenting to the terms and conditions in this terms of service agreement as they apply to you and your usage and access. Your use of the Website and the Content is also subject to all applicable laws and regulations. If you do not agree to any of the terms of service in this agreement (the “TOS”), you should not use the Website or the Content. Your use of the Website and the Content is also governed by our Privacy Policy, which is available through a link on our homepage as well as other other pages on the Website.
1. TERMS OF SERVICE
This Website and the Content is provided to you subject to the following Terms of Service (”TOS”). The TOS may be updated from time to time without notice to you. We suggest that from time to time you review the TOS for possible changes. In addition, when using the Website and accessing any Content, you will be subject to any posted guidelines or rules applicable to such Content. All such additional guidelines or rules are hereby incorporated by reference into the TOS.
2. SERVICES AND CONTENT
This Website currently provides users with merchant, vendor products and information and other third party products and services information and features, all of which may be updated, deleted, or otherwise modified from time to time at the discretion of this Website. In addition, the Website provides access to certain photographs, text, images, statistics, logos, and other media, links to other sites, and intellectual property related to or otherwise associated with this Website. Unless stated otherwise, the Website and the Content are subject to the TOS. You understand and agree that the Website and the Content are provided “AS IS” and that this Website assumes no responsibility in connection with your use of the Website and the Content. The Website and the Content are provided for your information and use. Under the TOS, you may download certain Content available on the Website to a single personal computing device for your use. However, you may not distribute, modify, republish, or publicly display any of the Content unless you have the prior written permission of this Website which permission may be withheld at this Website’s sole discretion.
3. ACCESS TO CONTENT
In order to use the Website and the Content, you must obtain access to the World Wide Web and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer, a modem, broadband, satellite connection, mobil device or other access device.
4. BACKGROUND INFORMATION
In order to use the Content certain members may be required to register with this Website by providing certain information about yourself, including but not limited to your name, phone and e-mail address. In consideration of your use of the Content you agree to provide true, accurate, current and complete information about yourself as requested in connection with the provision of and/or registration for any of the Content and subject, of course, to all applicable laws. If you provide any information that is untrue, inaccurate, not current, or incomplete, or this Website has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, this Website has the right to suspend or terminate your use of any and all current or future use of the Content.
5. ACCESS BY MINORS
If you are age 13 or under, your parent or guardian must give us his or her consent before you register to use the Content. To give us consent, your parent or guardian must complete and send to us the parental consent form that clearly states your name, address, phone number, and e-mail address along with a photo ID of the parent or guardian and yourself and send it to us by fax or by regular mail. You agree to provide correct and accurate information concerning your age in connection with the registration subject, of course, to all applicable laws.
6. PRIVACY POLICY
All information collected about you during registration for use of this Website will be used in accordance with our Privacy Policy and all applicable laws.
7. MODIFICATIONS TO WEBSITE, INCLUDING THE CONTENT
This Website reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website and Content (or any part thereof) with or without notice.
8. TERMINATION
You agree that this Website in its sole discretion, may terminate your use of the Website and Content and that this Website in its sole discretion and at any time discontinue providing the Website and Content, or any part thereof, with or without notice. You agree that any termination of your access to the Content under any provision of this TOS may be effected without prior notice, and acknowledge and agree that this Website may immediately deactivate or delete all related information and/or files.
9. THIS WEBSITE ADVERTISERS AND VENDORS
Your correspondence or business dealings with, or participation in promotions of, advertisers, merchants, affiliates and vendors found on or through the Content or the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant, advertiser, affiliates and/or vendor. You agree that this Wesbsite shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants, advertisers, affiliates or vendors on the Website or in connection with the Content. All of your business dealings with merchants, vendors, affiliates and advertisers appearing on the Website or in connection with the Content shall be at your sole risk.
10. LINKING
The Website and/or Content may provide, or third parties may provide, links to other World Wide Web sites or resources. Because this Website has no control over such sites and resources, you acknowledge and agree that this Website is not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, information or other materials on or available from such sites or resources. You further acknowledge and agree that this Website shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
11. PROPRIETARY RIGHTS
This Website and Content are the property of this Website and are licensed to this Website and may not be reproduced without the prior written consent of this Website. You further acknowledge and agree that (i) any necessary software used in connection with the Website and the Content contains proprietary and confidential information that is protected by applicable intellectual property and other laws and are either owned by or licensed to this Website; and (ii) content contained in sponsor advertisements or information presented to you through the Website and the Content or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by this Website or advertisers, you agree not to reproduce, republish, upload, post, transmit, distribute, copy, publicly display or otherwise use any Content or any derivative works based on the Website and Content in whole or in part. You agree not to modify the Content in any manner or form, or to use modified versions of the Content including (without limitation) for the purpose of obtaining unauthorized access to the Content. You agree not to access the Content by any means other than through the interface that is provided by this Website for use in accessing the Content.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.YOUR USE OF THE WEBSITE AND THE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THIS WEBSITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b.THIS WEBSITE MAKES NO WARRANTY THAT (i) THE WEBSITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE OR THE CONTENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR THE CONTENT WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE CONTENT THAT ARE OPERATING ON THE WEBSITE WILL BE CORRECTED.
c.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR COMPUTER SYSTEM, OR LOSS OF ANY KIND THAT RESULTS FROM THE PURCHASING OR OBTAINING OF ANY SUCH MATERIAL(S).
d.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH OR FROM THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS WEBSITE SHALL NOT BE LIABLE 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 THIS WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR THE CONTENT; (ii) 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 WEBSITE, THE SERVICES, OR THE CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, THE SERVICES, OR IN THE CONTENT; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES, OR THE CONTENT.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.
15. NOTICE
Notices to you may be made via either this TOS, this Website, email or regular mail. The Website may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Content.
16. LINKING TO THE WEBSITE
No link to the Website may be “framed” to the extent such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to the Website home page. “Deep Linking” to internal pages of the Website is expressly prohibited.
17. GENERAL PROVISIONS
The TOS constitute the entire agreement between you and this Website and governs your use of the Website and the Content, superseding any prior agreements between you and this Website. You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software. The TOS and the relationship between you and this Website shall be governed by the laws of The United States of America without regard to its conflict of law provisions. You and this Website agree to submit to the personal and exclusive jurisdiction of the courts located within the country of The United States of America. The failure of this Website to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the 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. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Content or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Terms Of Service Agreement for Affiliates Through Programs Managed by JRami.com
To sign up as an affiliate or as an existing affiliate partner or partner within any location or business relationship please verify that your site(s) does not have any of the listed “concerns” below.
Periodically we may monitor and review your site(s) or other partners site(s) and send or post on our forum or update you and/or all partners with a friendly reminder.
Our criteria for approving any affiliate or continued relationship with all affiliate partners or partners is that all sites and places where our banners or links are displayed or promoted must be in English or Spanish only for now, even through the use of email or forums, etc., whether you use any of our own domains/sites that we provide to you or your own domains/sites, is that they be kept free of errors or from any affiliations with other sites that promote parasitic activity, illegal activities, hatred, or porn, etc.
Concerns:
A - verify that there is not a “‘no page found”, “wrong page found” or error message showing on your site
B - verify that site has no inappropriate content such as porn, hatred, illegal or offensive material
C - verify that site is not in another language other than English or Spanish
D - verify that site does not have a URL or domain re-direct, IFrame or forwarding to another site not approved
E - verify that you have appropriate contact name or email listed for you under your affiliate account
F - verify that your site has no parasitic activity, too many pop-ups, or automatic down-loadable software ( download software such as those within a banner or link from desktop supported technology companies, incentive type sites, adware, spyware or variations there of are not approved at this time )
G - verify that our data-feed or products are not included, uploaded, downloaded or advertised on places such as Froogle, competing merchants sites, etc or similar locations by you, an associate or partner as an affiliate link, banner, domain, page, or re-direct, etc. other than on your own sites(s), domains, etc.
H - Depending on certain merchant specific terms affiliates may not bid on certain merchant trademark name(s) including but not limited to words merchant tradenames or domains names or misspelling or misspellings or link directly to any url on a certain site(s) or any variation there of, on any search engine including but not limited to Yahoo, Google, Overture, MSN, etc.
Please verify and make any changes or corrections prior or during certain promotions so that we do not decline or unapprove your site(s).
rev: 08/07
