Terms of Service

This website is provided by JACO Digital, a division of JACO Product Development, LLC (“JACO”). By accessing this website (the “Site”), you ("Customer") are indicating your acknowledgement and acceptance of these Terms of Use. These Terms of Use ("Agreeent") are subject to change by JACO at any time in its discretion. Your use of this Site after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Please consult these Terms of Use regularly.

Restrictions on Use. All material included on this Site, and any other Site owned, operated, licensed or controlled by JACO, such as text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations and software (the “Content”), is the property of JACO, its subsidiaries, affiliated companies and/or third-party licensors and is protected by United States and international copyright laws. Modification or use of the Content except as expressly provided in these Terms of Use violates JACO’s intellectual property rights. The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of JACO, except that: 1. You may download, print, distribute and use pages from the Site for your own informational, non-commercial purposes, but not for commercial use or general distribution. 
2. Any copies of documents or pages from the Site must not alter the original Site content and must include the JACO copyright notice: © “Copyright 2006 – 2019 JACO Product Development, LLC. All Rights Reserved.” 
and 3. You may link to this Site provided that the link does not falsely imply or suggest that JACO has endorsed or is affiliated with the linked Site. Users of the Site must not: 1. Monitor, gather or copy any Content on this Site by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind. 
2. Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout). 
3. Engage in any activities through or in connection with this Site that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party. 
4. Attempt to circumvent the security systems of the Site. 
5. Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any JACO server. 
6. Attempt to use the Site for any purposes other than those intended by JACO, as determined by JACO in its sole discretion. 
7. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment. 
8. Engage in any activity that interferes with a user’s access to this Site or the proper operation of this Site. You also agree that, in using this Site, you will not impersonate any person or entity.

Change to Site Without Notice. The Content and the functionality of the Site may be updated or changed at any time without prior notice. In addition, if JACO becomes aware that you are copying, modifying or distributing the Content of the Site other than for the permitted uses of the Site, JACO reserves the right to revoke your right to these permitted uses.

Disclaimer. JACO cannot guarantee that the Site or its content or any services provided are error free and JACO makes no representations about the technical accuracy of the Site or any reports or recommendations issued as part of any service provided or functionality of the Site or that the Content is accurate, error free or up to date. THIS SITE AND ALL SERVICES ARE PROVIDED BY JACO ON AN “AS IS” AND “AS AVAILABLE” BASIS. JACO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND ANY SERVICES ARE AT YOUR SOLE RISK. JACO DOES NOT WARRANT THAT THE INFORMATION IN THIS SITE OR PROVIDED AS PART OF ANY SERVICE IS ACCURATE, RELIABLE, UP TO DATE OR CORRECT, THAT THIS SITE OR ANY SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT OF THE SITE OR ANY REPORT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND JACO MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU (AND NOT JACO, OR ANY OF ITS OWNERS, EMPLOYEES ATTORNEYS OR OTHER STAFF) ASSUME ALL RISK OF ANY INACCURACIES AS WELL AS THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. JACOPD MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

Limitation of Liability. Neither JACO, any of its partners, affiliates, directors, officers and employees, nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site or the operation of the Site or failure of the Site to operate. In no event shall JACO be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if JACO has been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from this Site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of this agreement and the parties acknowledge that JACO would not grant access to the Site without your agreement to this term. Customer's sole remedy for any breach of these terms or for any damage arsing out of the use of this Site or any Service or otherwise shall be the replacement of the products or services provided or, at the sole option of JACO, a refund of the amounts actually paid by Customer to JACO for the Services involved in any demand for the six (6) months immediately preceeding notice of such claim to JACO..

Intellectual Property. You should assume that everything you see or read on the Site is proprietary information protected by copyright or trademark unless otherwise noted, and may not be used except as provided in these Terms of Use or with the written permission of JACO. Nothing posted on this Site grants a license to any JACO trademarks, copyrights or other intellectual property rights, whether by implication, estoppel or otherwise.

Third Party Trademarks. Trademarks displayed on this Site not owned by JACO are the property of their respective owners, who may or may not be affiliated with JACO. Nothing contained on this Site should be construed as granting any license or right to use any 
third party trademarks without the written permission of such third party that may own the trademarks. Your use of the trademarks, or any other Content on the Site, except as provided in these Terms of Use, is strictly prohibited. We ask that you respect these rights.

Linked Sites. This Site may link to or be linked from other websites that are not maintained by, or related to, JACO. JACO does not endorse, and is not responsible for, the content of any of those third-party websites.

Sales of Services. All sales of services are subject to JACO’s policies as set forth on this Site or as otherwise expressly incorporated herein.

DMCA Services. As an optional additional services, we offer various DMCA Agency services. Should you choose to purcase any of these services (such as DMCA Registration, DMCA Agent, DMCA Policy Review) the following terms apply: 1) You repesent, agree and warrant that all information that you provide in connection the procurement of these services is true and correct at all times during which  you use these services. You further agree to keep such information current at all times and assume all responsibility for the failure of any transmission of any communication to you via the provided contact information including email address that you provide. 2)  The JACO basic plan for DMCA Agent services includes receipt of up to 10 DMCA takedown notices or counter notices per month and issuance to you, our customer, one exclusive JACO Digital Takedown Evaluation ("JDTE") for each elegible recieved notice. Each JDTE will contain information as to the compliance level of the takedown notice and our recommended action to comply. DMCA notices recieved beyond those covered in your plan will be charged at $5.00 per notice upon receipt. For information as to our higher level plans please contact us via the contact page available a tthe top of all main pages of this Site. 3) While JACO will make every effort to recognize takedown notices in languages other than English, JACO agrees to evaluate and respond to DMCA notices in ENGLISH only. 4) You represent and agree that you have and will maintain sufficient liability insurance to cover claims for copyright infringement and contributory copyrght infringement throughout all periods of your use of our Site or Service. 

International Use. JACO makes no representation that materials on this Site are appropriate or available for use in locations outside the United States. Access to this site from countries or territories where such access is illegal is prohibited. Those who choose to access this Site or purchase any Services from outside the United States do so on their own initiative and are responsible for compliance with local laws. This Site and all Services are not directed to or offered to any resident  of the European Union or any other business or person subject to the General Data Protection Act (GDPR). Notwithstanding the forgoing, JACO respects your right to privacy and will honor all reasonable requests consistent with the GDPR. Please send all such requests via the contact link on this page and on all main pages of the Site.   

Governing Law. You agree that your use of this Site, this Agreement and any disputes relating thereto shall be governed in all respects by the laws of the State of California without regard to any conflicts of laws provisions of that State. Any dispute relating to this Agreement shall be resolved solely in the state or federal courts located in Los Angeles, California.

Thank you for visiting our Site. Please contact us with any questions you may have concerning this site or this Policy through the contact link available at the top of this and all main pages in the Site. 

JACO Digital™ is a trademark of JACO Product Development, LLC. All rights thereto are expressly reserved. V.8.0.02162019