JDR CONSULTING, LLC
Other terms not defined in this section shall have the meaning attributed to them in this TOU.
“Service” means the Web Site, technical support, and other products and services provided by JDR Consulting either under separate agreement or as applicable to your use.
“Web Site” means the site located at jdrconsulting.net, which is comprised of various web pages, tools, information, software, content, and features operated by JDR Consulting.
PERIODIC REVISONS TO THIS AGREEMENT
INCORPORATION BY REFERENCE
COMPLIANCE WITH LAWS AND ACCEPTABLE USE
You are responsible for your conduct related to the Service. You specifically agree that you will not use the Services to (i) violate any laws or regulations; (ii) infringe the intellectual property or other rights of third parties; and/or (iii) transmit material that contains viruses or other harmful computer code or files.
TERM & TERMINATION
This TOU, any posted revisions, and the Additional Terms, remain in effect as long as you continue to use the Services. JDR Consulting reserves the right to change, limit, terminate, modify or temporarily or permanently cease providing the Service, software, or any part of it with or without prior notice. If JDR Consulting elects to change the Service, software, or a part thereof, or if you violate the terms of this TOU, you must immediately stop using the Service. If your Service is used in the future, registration and other fees may apply.
CHANGES TO SERVICE
JDR Consulting reserves the right, at any time, to modify, suspend or discontinue providing the Services, in whole or part, without notice. JDR Consulting will use commercially reasonable efforts to notify you of any such action by sending you an email or posting relevant information on the Web Site.
RESTRICTIONS ON USE
You may not pass through, license, resell, re-provision or rent the Service (either for a fee or without charge), or allow third parties to use the Service without JDR Consulting’s express written permission. Violation of this section may result in suspension, termination or other restrictions on your Service.
SOFTWARE LICENSES AND THIRD PARTY SERVICES
We may provide you, for a fee or at no charge, software for use in connection with the Service which is owned by JDR Consulting or its third party licensors, providers and suppliers (the “Software”). We reserve the right periodically to update, upgrade or change the Software, and you agree to use and upgrade to the latest versions of any Software provided. Moreover, you acknowledge that the Software may not provide the intended functionality and is used by you at your own risk. You may use the Software only in connection with the Service and for no other purpose.
You are hereby granted a revocable, non-exclusive, non-transferable license by JDR Consulting or its applicable third party licensor(s) to use the Software (and any corrections, updates and upgrades thereto). You agree that the Software is confidential information of JDR Consulting or its third party licensors and contains copyrighted material, trade secrets, patents, and proprietary information owned by JDR Consulting or its third party licensors. Accordingly, you will not disclose or use the Software except as expressly permitted herein. You may not copy, de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Software. You acknowledge that this license is not a sale of intellectual property and that JDR Consulting or its third party licensors continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades to it. The Software may be used in the United States only, and any export of the Software is strictly prohibited.
All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and to the Web Site (including but not limited to, related software, images, photographs, animations, video, audio, music, text, and content), are owned by JDR Consulting, its affiliates or licensors. All title and intellectual property rights in and to the information and content which may be accessed through use of the Web Site are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This TOU does not grant you any rights to use such content, nor does it grant any rights to the Web Site, other than the right to use the Web Site according to the terms of this TOU.
Your license to use the Service remains in effect until terminated by JDR Consulting or its third party licensors, or until your Service is otherwise terminated, whichever occurs first. Upon termination of your Service, you must cease all use of and, if there is any Service software located on your computer(s), immediately delete such Software from your computer(s).
YOUR DATA AND ACCESS DEVICES
You may access the Web Site through your computer or using a mobile device via a mobile optimized website. You are solely responsible for obtaining, maintaining and updating all equipment and software necessary to use the Service, and for management of your information, including but not limited to back-up and restoration of your data. YOU AGREE THAT JDR Consulting IS NOT RESPONSIBLE FOR THE LOSS OF YOUR DATA OR FOR THE BACK-UP OR RESTORATION OF YOUR DATA REGARDLESS OF WHETHER THIS DATA IS MAINTAINED ON OUR SERVERS OR YOUR DEVICE(S). YOU SHOULD ALWAYS BACK-UP ANY IMPORTANT INFORMATION SEPARATELY FROM DATA STORED ON JDR Consulting’S OR ANY THIRD PARTY’S SERVERS.
We reserve the right to: (i) use, copy, display, store, transmit and reformat data transmitted over our network and to distribute such content to multiple servers for load balancing, service, back-up and maintenance purposes; and (ii) block or remove any unlawful content you store on or transmit to or from any JDR Consulting server. We do not guarantee the protection of your content or data located on our servers or transmitted across our network (or other networks) against loss, alteration or improper access.
LINK TO OTHER SITES
The Web Site may contain links to independent third-party web sites (the “Linked Sites”). These Linked Sites are not reviewed, controlled, or examined by JDR Consulting and you acknowledge and agree that JDR Consulting is not responsible for any losses you incur or claims you may have against the owner of third party web sites. The inclusion of any Linked Sites does not imply endorsement, implied or expressed, by JDR Consulting. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
LIMITATIONS ON USE OF THE SERVICE
You acknowledge and agree that JDR Consulting: (a) is not responsible for invalid destinations, transmission errors, or the corruption of any data; and (b) does not guarantee your ability to access locations provided in the Linked Sites, servers or other facilities or that the Service is secure or will meet your needs.
You are not authorized to use any JDR Consulting name or mark as a hypertext link to any web site or in any advertising, publicity or in any other commercial manner without the prior written consent of JDR Consulting.
JDR Consulting assumes no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any advice or opinions contained in any emails, message boards, chat rooms or community services, web sites or in any other public service or social network. JDR Consulting does not endorse any advice or opinion contained therein, whether or not JDR Consulting provides such service. JDR Consulting does not monitor or control such services, although we reserve the right to do so.
JDR Consulting customer administrative pages, Web Site or portals are provided only for the use of JDR Consulting users and any other use is prohibited. JDR Consulting customers may view, copy or print pages from JDR Consulting solely for internal purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute, manipulate, or publish any information from JDR Consulting without the express written permission of JDR Consulting. At any time JDR Consulting may, without notice, make changes to the Web Site or to the Services or products described on the Web Site. Without the express prior written authorization of JDR Consulting, you may not: (a) use any data mining robots (“bots”), hardware or software modules that add a specific feature or service by plugging into an existing larger system (“plug-ins”), or similar data gathering and extraction tools, scripts, applications, or methods on the Web Site; (b) use any device, software, or hardware to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Web Site; (c) take any action that imposes an unreasonable or disproportionately large load on JDR Consulting or its network infrastructure or that adversely affects our network or other customers; (d) decompile, reverse engineer, modify or disassemble any of the software in or associated with the JDR Consulting network and/or servers; (e) use any meta tags or any other “hidden text” utilizing JDR Consulting’s name or any JDR Consulting trademark without JDR Consulting’s prior written permission; or (f) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of JDR Consulting. Unauthorized use of the Web Site, the Services, or our network infrastructure and/or data display by anyone other than you is illegal and JDR Consulting reserves the right to take appropriate legal action.
ACCEPTABLE USE POLICY
JDR Consulting maintains its right to deny or restrict your use for Services, or immediately to suspend or terminate your Service, if the use of the Service by you or anyone using on your behalf, in our sole discretion: (a) violates this TOU or other JDR Consulting policies; (b) is objectionable; or (c) is unlawful or interferes with the functioning or use of the Internet or the JDR Consulting network by JDR Consulting or other users.
The following are examples of conduct which may lead to the termination of your Service: (a) accessing without permission or right, the accounts or computer systems of others, to spoof the URL, DNS or IP addresses of JDR Consulting or any other entity, or to penetrate the security measures of JDR Consulting or any other person’s computer system, or to attempt any of the foregoing; (b) transmitting uninvited communications, data or information, or engagement in other similar activities, including without limitation, “spamming”, “flaming” or denial of service attacks; (c) intercepting, interfering with or redirecting email or other transmissions sent by or to others; (d) introducing viruses, worms, harmful code or Trojan horses on the Internet; (e) posting off-topic information on message boards, chat rooms or social networking sites; (f) engaging in conduct that is defamatory, fraudulent, obscene or deceptive; (g) violating JDR Consulting’s or any third party’s copyright, trademark, proprietary or other intellectual property rights; (h) engaging in any conduct harmful to the JDR Consulting network, the Internet generally or other Internet users; (i) generating excessive amounts of email or other Internet traffic; (j) using the Service to violate any rule, policy or guideline of JDR Consulting; or (k) using the Service in any fashion for the transmission or dissemination of images containing child pornography or in a manner that is obscene, sexually explicit, cruel or racist in nature or which espouses, promotes or incites bigotry, hatred or racism.
JDR Consulting respects the intellectual property rights of third parties. Accordingly, you may not store any material or use JDR Consulting’s systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including under U.S. copyright law. In accordance with applicable laws, it is the policy of JDR Consulting to suspend or terminate, in appropriate circumstances, the Service provided to any user or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers of copyrights. In addition, JDR Consulting expressly reserves the right to suspend, terminate or take other interim action regarding the Service of any user or account holder if JDR Consulting, in its sole judgment, believes that circumstances relating to an infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights JDR Consulting may have under law or contract.
JDR Consulting may, but is not required to, monitor your compliance, or the compliance of other users, with the terms, conditions or policies of this TOU. You acknowledge that JDR Consulting shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available on the Service, including but not limited to content that violates the law or this TOU.
DISCLAIMERS; LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE(S) SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS TOU. JDR Consulting (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE “JDR Consulting PARTIES”), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MORAL RIGHTS, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY JDR Consulting OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE or information PROVIDED.
JDR Consulting DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. JDR Consulting SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.
except WHERE PROHIBITED by law, IN NO EVENT SHALL THE JDR Consulting PARTIES OR JDR Consulting’S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF JDR Consulting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
THE LIABILITY OF THE JDR Consulting PARTIES, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSE OR OTHER AGREEMENTS) OUR THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED THE FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO JDR Consulting FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW.
ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION ALSO APPLY TO JDR Consulting’s THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
You agree to defend, indemnify and hold harmless the JDR Consulting Parties from and against all liabilities, costs and expenses, including reasonable attorneys’ and experts’ fees, related to or arising from your use of the Service (or the use of your Service by anyone else).
Void Where Prohibited
JDR Consulting use a third party to administer and host the Web Site. Although the Web Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Web Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. JDR Consulting reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Web Site is void where prohibited. If you choose to access the Web Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Notices required under this TOU by you must be provided to us at 3940 Amberwood Dr., Addison, TX 75001, Attention: Customer Service, or in the manner set forth in the Contact Us section of the Web Site. Notice by JDR Consulting to you (including notice of changes to this TOU) shall be deemed given when: (a) transmitted to your primary email address on file with us; or (b) mailed via the US mail or hand-delivered to your address on file with us; or (c) when posted to the Web Site.
If you send us an email, you agree that the User ID and/or alias contained in the email is legally sufficient to verify you as the sender and the authenticity of the communication.
GOVERNING LAW; VENUE
You agree that the substantive laws of the State of Texas, EXCLUDING ITS conflicts of laws RULES, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this TOU. YOU CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN DALLAS COUNTY, TEXAS, AND WAIVE ANY OBJECTION TO SUCH JURISDICTION OR VENUE.
All obligations of the parties under this TOU, which, by their nature, would continue beyond the termination of this TOU, including without limitation, those relating to Limitation of Liability and Indemnification, shall survive such termination.
JDR Consulting will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes, work slow-downs or other labor-related activity, or an inability to obtain necessary equipment or services.
You may not assign or otherwise transfer this TOU, or your rights or obligations under it, in whole or in part, to any other person. Any attempt to do so shall be void. We may freely assign all or any part of this TOU with or without notice and you agree to make all subsequent payments as directed.
JDR Consulting’s failure at any time to insist upon strict compliance with any of the provisions of this TOU shall not be construed to be a waiver of such terms in the future. If any provision of this TOU is determined to be invalid, illegal or unenforceable, the remaining provisions of this TOU shall remain in full force and effect and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
JDR Consulting, LLC (“JDR Consulting”) and Your Privacy
JDR Consulting respects the rights users give us when opting to receive e-mail or other forms of communication and enforces internal policies to preserve those rights. It is our objective to retain the long-term ability to continue to communicate with our customers and interested parties.
If you do not want JDR Consulting or JDR Consulting representatives to contact you, you may “opt-out” of this preference (described below) at any time, whether you’re online or contacting JDR Consulting directly. As an option, you’ll always have the flexibility to opt back in at anytime based on previous information or newly updated information.
If you are under age 13, a law called the Children’s Online Privacy Protection Act (COPPA) says that we must have your parent’s (or legal guardian’s) permission before we may collect and use your personal information.
How We Collect Information
When you browse our Web Site, you are able to do so anonymously. Generally, we don’t collect personal information when you browse, not even your email address. Your browser, however, does automatically tell us the type of computer and operating system you are using.
Log Files. Any time you visit our Web Site, our servers automatically gather information from your browser (such as your IP addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks) to analyze trends, administer the site, prevent fraud, track visitor movement in the aggregate, and gather broad demographic information. For example, we may log your IP address for system administration purposes. IP addresses are logged to track a user’s session. This gives us an idea of which parts of our site users are visiting. We do not share the log files externally.
Web Beacons. “Web beacons” (also known as “clear gifs” and “pixel tags”) are small transparent graphic images that are often used in conjunction with cookies in order to further personalize our Web Site for our users and to collect a limited set of information about our visitors. We may also use web beacons in email communications in order to understand the behavior of our customers. We do not link the web beacons to any personally identifiable information.
Purchase Information. To process purchases, we may require your name, address, phone number, email address and credit card information. Such information is used primarily to process your order or as otherwise described herein.
Demographic Data. Demographic data is also collected at our Web Site. We use this data to tailor our visitors’ experience at our sites, showing them content that we think they might be interested in, and displaying the content according to their preferences. Some of this information may be shared with advertisers on a non-personally identifiable basis.
When We May Disclose Your Information to Third Parties
Disclosure By Law. You acknowledge and agree that we may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend JDR Consulting’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including you) is threatened.
Disclosure to Trusted Third Parties By Us. We may share your non-personally identifiable information (such as geographic location) with third parties, but not in a manner that would reveal your identity. We may share your personally identifiable information, sometimes in conjunction with your non-personally identifiable information, with service providers that may be associated with us to perform functions on our behalf. For example, outsourced customer care service representatives may need access to your information to perform services for you. Your information will be treated as private and confidential by such service providers and not used for any other purpose than we authorize. In addition, from time to time, we may share personally identifiable information (such as e-mail or mailing address) about our user base with carefully selected third parties, so they can offer goods and services that we believe may be of interest to our users. If you do not wish to receive offers from our trusted partners, you can change your e-mail preferences at any time by following the steps outlined in the Opt-Out section below.
Your personal information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using our products and services, you consent to the transfer of information outside of your country of residence, including the United States, which may have different data protection rules than in your country.
Information Transferred As a Result of Sale of Business. We may buy or sell assets and, depending on the transaction, your personally identifiable information may be one of the transferred assets. In the event that we are acquired by another company, your personally identifiable information may be part of the assets transferred to the acquiring party. If this occurs, you will be notified if there are any material changes to the way your personally identifiable information is collected or used.
We use commercially reasonable administrative, technical, personnel and physical measures to safeguard your personal information against loss, theft, and unauthorized use, disclosure or modification.
Links to or Access from Other Sites
You may use the following options for removing your information from our e-mail database if you wish to opt out of receiving promotional e-mails and newsletters.
Click on the “unsubscribe” link on the bottom of the e-mail;
- Send mail to the following postal address letting us know which promotional e-mails you wish to opt-out of:
JDR Consulting, LLC
3940 Amberwood Dr. Addison, TX 75001 USA
- For any services that allow you to control which e-mails you receive, go to the e-mail settings page from your profile page, and un-check the undesired promotions.
Updating Your Information
JDR Consulting may use the data collected from visitor cookies in aggregate form only and does not tie to them any personally identifiable information. Use of this information helps us better understand what users are seeking and learning on our Web Site and helps us identify potential navigation issues.
If you have registered with any of our sites, you can help JDR Consulting maintain the accuracy of your personal information by notifying us when you change your name, address, title, phone number, e-mail address, or your content preferences. If at any time you wish to update your information or preferences, or you prefer to stop receiving communication from JDR Consulting, feel free to contact us at any time.
JDR Consulting Privacy Contacts
JDR Consulting, LLC
3940 Amberwood Dr. Addison, TX 75001 USA
September 15, 2015