Sometimes you just want to review all the things you agreed to when you signed up. We understand – it was a lot to take in and even we like to come back and browse through it from time to time.

Terms of Use

1. Preliminaries

  • Before clicking “accept,” please review this entire agreement ("TOU").
  • The TOU shall be between you and JORY, LLC ("Jory").
  • By clicking “accept” you agree that you have read and understood the provisions within this TOU, are of age to form a legally binding contract, and that you are agreeing to be bound to the terms and conditions of this TOU. You also consent to Jory's collection and handling of information as outlined within this TOU.
  • If you have a separate signed licensing agreement with Jory, that agreement has precedence over the TOU. In the event of a conflict between the TOU and the separate license agreement, the terms of the separate license agreement shall control.
  • If you do not accept any part of the TOU, please click “do not accept” to cancel the process.

2. Changes to the TOU

  • All changes are binding and effective once displayed or posted.
  • The TOU shall be between you and JORY, LLC ("Jory").
  • You accept full responsibility for staying current on the terms and conditions of this TOU.
  • Your continued use of the product/solution will also serve as acceptance of any and all updates to this TOU.
  • If significant changes are made to this TOU, the new agreement will display upon startup of the application or login of your account for you to review and will require acceptance before continuing.
  • The most current version of this TOU overrides any and all contradictory provisions of all previous versions, and is available at all times for viewing at http://www.hellojory.com/terms.

3. The Product

  • The Jory application is a merchant management solution and is comprised of the Jory application and its associated add-ons and/or modules provided and/or produced by Jory for use on mobile devices and on the web at http://www.hellojory.com along with the services and solutions provided by Jory through the applications and website (the “Product”). The Product also includes any and all printed materials or electronic documentation provided to you by Jory.
  • The Product is available on mobile devices and via the web at http://www.hellojory.com.

4. Accounts

  • Before using the Product, you must first create and register an account, either within the application itself, or via the website at http://www.hellojory.com/login.
  • By activating this account, you are stating that you are legally capable of entering into a legally binding agreement and that the information in the account is current, complete, and accurate.
  • To activate your account, you must provide an active, current email address (which will also serve as your username), and create a password for your account.
  • You must also provide the name of the company, business, or organization that will be using the Product, as well as the address and phone number of the company, business, or organization, and the full, legal name of an individual to be responsible for the account and use of the Product.
  • By activating an account, you agree to maintain that account and keep it updated with the most current, accurate, and complete information.
  • Jory may require additional information from you at any time in order to evaluate your eligibility, registration, and account to continue use of the product.
  • Jory also reserves the right to accept or reject, suspend, or terminate your account at any time, for any reason, with or without notice, at its own sole and absolute discretion.

5. Security

  • You are solely and wholly responsible for the security and confidentiality of your account, password, and any and all activity that occurs in, on, or through your account.
  • You agree to notify Jory immediately of any suspected unauthorized use of your account or password.
  • If you choose to share your password or account access with others, you are solely and wholly responsible for any and all actions performed by that person in/on your account.
  • It is advised that you log out of your account on any public or shared device at the conclusion of your use of the account. You should take all reasonable precautions in protecting your password and your account.
  • Should you ever sell or otherwise transfer ownership of a device with the Product on it, you are responsible for deactivation of that device and removal of the Product from the device to protect your account.
  • Any and all unauthorized use of your account through a device that has transferred ownership away from you is solely and wholly your responsibility.

6. Permissions

  • You are solely and wholly responsible for assigning access and permissions within your account.
  • Jory is in no way liable for erroneous or unauthorized permissions, or any actions performed through those permissions.
  • You agree to be wholly and solely responsible for the actions of any and all of your authorized users, and that they shall also comply with the terms and conditions of this TOU.

7. Your Obligations

  • You are solely and wholly responsible for obtaining any and all consents required from your customers and/or employees in connection with use of the Product.
  • These consents include, but are not limited to:
    • Transmission of receipts.
    • Use and/or implementation of gift and/or loyalty programs.
    • Use of authorized third-party services.
  • You also acknowledge that any and all information you submit or share with Jory about another person, business, or entity is done with that person/business/entity's explicit and unquestionable consent, and that they further accept and consent to Jory and/or its third-party partners and/or providers using that information as they see fit.
    • Jory further agrees not to share that information with third-party partners and/or providers for solicitation purposes, but may share that information with third-party partners and/or providers for research and marketing purposes.
  • You agree to only use this Product for lawful purposes.
  • You agree not to upload, post, e-mail, share, or otherwise send or transmit any material that contains malware, software viruses, or any other computer code, file, or program that interrupts, destroys, or limits the functionality of the Product or any other piece of hardware, software, or telecommunications equipment connected to it.
  • You agree not to impersonate another person or otherwise misrepresent yourself or your affiliation with another person, business, or entity, including, but not limited to, any person, business, or entity affiliated with this Product.
  • You agree that you will not interfere with the servers or networks connected to the Product, nor will you violate any of the policies, procedures, or regulations of the networks connected to the Product.
  • You agree not to impair or harm the Product in any way, shape, or form, whatsoever.

8. Compliance with laws

  • By using the Product, you agree to do so in compliance and accordance with any and all applicable laws, statues, rules, and regulations of the city, county, state, and country in which you use it or otherwise connect to, through, or with it.
  • In doing business with Jory you also agree that you shall comply with any and all anti-bribery laws within the jurisdiction of the city, county, state, and country in which you and/or Jory are operating.

9. Licensing

  • Jory provides no trial period for any amount of time of the Product. You agree to pay any and all applicable installation and setup fees, as well as any and all fees for the duration of time in which the Product is installed/registered to you and/or your organization.
  • Upon installation and registration of the Product, Jory hereby grants you a limited, fully-revocable, non-sublicensable, non-exclusive, royalty-free license to use the Product solely in connection with your use of the Product for internal business purposes.
    • This allows you to:
      • Download and install the Product solely in executable/object code form upon supported mobile devices.
      • Access and use the Product via those mobile devices.
      • Access and use the website.
      • Display, download, print, reproduce, and/or distribute applicable documentation provided by Jory as reasonably required for your use of the Product as expressed in this TOU.
  • You acknowledge and accept that the Product is designed for use only in connection with supported devices, and that Jory reserves the right to add or remove devices from the list of supported devices at its sole discretion at any time with or without notice.
  • Jory accepts NO responsibility for or otherwise warranty the performance of any devices, nor does Jory guarantee the continuing compatibility of any device with the Product.
  • You agree that you will in no way, at no time for perpetuity hold Jory responsible for any and/or all issues with your devices and their compatibility with the Product.

10. Ownership

  • The Product, any and all documentation, and any and all copies provided to you by Jory are licensed and not sold.
  • You acknowledge that title to, ownership of, and any and all proprietary rights within and of the Product (including, but not limited to, any proprietary hardware, electronics, software, and technical information of or from Jory and its licensors) are the exclusive property of Jory and its licensors. This includes any and all derivative works based upon the foregoing.
  • The Product itself, along with any and all accompanying documentation, is protected by U.S. copyright laws, as well as international copyright treaties.
  • You agree to promptly notify Jory of any and all actual or threatened misappropriation, theft, or infringement of Jory's proprietary rights that comes to your attention.
  • Jory further reserves the right, at any time, at its sole discretion, with or without prior notice, to update, change, modify, revise, enhance, restrict, add to, and/or upgrade the Product including, but not limited to, the addition or removal and/or discontinuation of specific features and/or functionalities of the Product.

11. Restrictions

  • You agree NOT to use or copy the Product and/or any associated documentation, in part or in whole, in any way, shape, or form, except as explicitly detailed within this TOU.
  • You agree not to disclose, share, or otherwise publish or spread any results of any tests run on the Product.
  • You agree to not copy the Product, in whole or in part, in any way, shape, or form, onto any public network.
  • You will have no rights to the source code of the Product, in whole or in part, in any way, shape, or form.
  • You will not reverse engineer, deconstruct, decompile, decode, disassemble, replicate, translate, modify, update, alter, or otherwise change the Product in any way, shape, or form without the express written consent of Jory, except to the extent that such restrictions are forbidden by applicable laws and regulations.
  • You will not have any rights to market, distribute, sell, share, sublicense, lease, rent, or otherwise transfer the Product, in whole or in part, in any way, shape, or form.
  • You will not obscure, obfuscate, alter, or remove from the Product any of Jory's trademarks, names, logos, patents, copyright notices, or any other such notices and/or markings.
  • You will not add any such trademarks, names, logos, patents, copyright notices, or any other such notices and/or markings to the Product without the express written consent of Jory.
  • You will copy or otherwise duplicate any and all such proprietary rights notices on all copies of the Product permitted to be made.

12. Data - Security

  • You agree that the information and data you provide will not:
    • Be false, inaccurate, or misleading.
    • Be obscene, indecent, pornographic, defamatory, libelous, threatening, harassing, abusive, or inflammatory.
    • Be fraudulent or involve/regard the sale of illegal, counterfeit, or stolen goods.
    • Infringe upon or otherwise misappropriate any third party copyrights, patents, trademarks, trade secrets, or other intellectual property rights in any way, shape, or form.
    • Violate the terms of this TOU.
    • Violate any applicable laws of the city, county, state, or country in which you or Jory reside, or the Product is used.
    • Contain or transmit any corrupted data, code, or otherwise destructive material that will or may damage, interfere with, intercept or expropriate (either outwardly or surreptitiously) any information, data, or systems.
    • Expose, or appear to expose Jory to any kind of liability issues or outside responsibilities.
  • You also give permission to Jory to store, format, or re-format any and all data you place, share with, or otherwise store on Jory's servers.
  • You acknowledge and agree that you are solely and wholly responsible for any and all activities that may occur through your access and use of the Product by yourself and/or any of your users, whether or not they are authorized by you. This includes, but is not limited to:
    • The security, integrity, and confidentiality of all content, account information, and any other data or information submitted, transmitted, entered, saved, or stored by you or your users through the use of the Product.
    • Any and all losses of data or information, and any and all damages of any kind associated with that data or information.
  • You agree to ensure that all security features of and/or contained within the Product are implemented properly and fully to protect any and all data, including, but not limited to:
    • Personal data.
    • Financial data.
    • Business data.
    • Any other nonpublic data not belonging to you or your company to which you do not have the express written consent to share with the public.
      • All of the above is contingent upon the terms and conditions outlined, defined, and specified by the Payment Card Industry Data Security Standard (PCI DSS), PCI Security Standards Council, and/or the Payment Application Data Security Standard (PA DSS), as well as any and all other mandates issues by applicable payment card associations with respect thereto.
  • Jory shall have NO liability unto you or any other third party, and you acknowledge that YOU assume any and all liability for any and all unauthorized processing, loss, use, disclosure, leak, acquisition of or access to any and all nonpublic personal or cardholder data in association with your account, as well as any and all liability for fines, penalties, and or other monetary losses or damages.
    • Jory also reserves the right to remove any user or disconnect any device or account, at its sole discretion, with or without notice, should Jory determine or suspect that the Product has been compromised and/or used inappropriately in any way, shape, or form.

13. Privacy

  • You consent to the terms of Jory's Privacy Policy. [LINK] Among other things specified in the Privacy Policy, you consent to Jory collecting and sharing your account information, content, and other relevant information submitted by you or your users, customers, or clients through the Product with Jory's third-party partners. You also agree to Jory anonymously collecting and aggregating data in connection with your use of the Product for the purposes of analysis, interpretation, marketing, and enhancing and/or otherwise optimizing the use of the Product.

14. Support

  • Primary support for the Product will be provided by or through the third party dealer from which you purchased the Product, in accordance with Jory's most current support policies and procedures. If purchased through a third party, that dealer may contact Jory for support. If you purchased Jory directly from Jory, then Jory will act as your primary support team.
  • Any and all upgrades or updates to the Product shall be subject to this TOU, including any and all license rights, regulations, and restrictions set forth herein.
  • Jory and its subsidiaries and third-party vendors and partners are obligated to only provide support for the most currently produced version of the Product. Any and all additional support may be granted or otherwise provided by an aforementioned third-party vendor and/or partner independent of any and all support agreements or obligations of Jory.
  • Jory will have no liability for any and/or all damages or malfunctions associated with or resulting from support obtained from a third-party vendor or partner.

15. Updates/Upgrades

  • You acknowledge and agree that Jory reserves the right to update, upgrade, enhance, or modify the Product at its sole discretion, with or without notice, and that the terms of this TOU shall apply to any and all such updates, upgrades, enhancements, or modifications.
  • You agree that failure to install any such updates, upgrades, enhancements, or modifications may cause the Product to fail to function as intended.
  • Jory will NOT be liable for any failures, losses, or damages incurred or otherwise caused by failure to install any updates, upgrades, enhancements, or modifications to the Product.

16. Availability

  • You agree that you are solely responsible for establishing and maintaining appropriate, proper, and necessary connections between the devices on which you use the Product, and Jory.
  • Jory will, from time to time, conduct regular, routine maintenance upon the Product, and also reserves the right to close or restrict access to the Product at its sole discretion, with or without notice, should it be determined that maintenance has become necessary.

17. Communications from Jory

  • You agree and consent to electronically receive any and all communications, agreements, documents, notices, statements, and disclosures (hereafter collectively known as “communications”) from Jory in connection with your account and your use of the Product.
  • Said communications will be delivered to you by either:
    • Electronic mail (e-mail) sent to the email address listed in your account profile.
    • Or posting a notice or message within the application itself, or upon the website.
  • You are solely and wholly responsible for keeping your account information current, including your email address and you will be deemed to have received any and all emails sent to your listed email address whether or not you actually receive the email.
  • Any and all communications sent to you will be considered received by you within 24 hours of the time the communication is posted to the application or website or emailed to you.
  • You also agree that your electronic signature upon any and all agreements and/or documents in connection with the Product is legally binding and has the same effect as a physical signature.

18. Feedback

  • Jory reserves the right to use any and all suggestions, comments, ideas, information, concepts, reviews, techniques, or other feedback material contained within any and all communications sent to us (excluding your Content and Account information) regarding your use of the Product, including, but not limited to, data sent through the application or website itself without compensation, payment, or other acknowledgement of you for any and all purposes Jory decides to use said suggestions, comments, ideas, information, concepts, reviews, techniques, or other feedback.
  • These purposes may include, but are not limited to, designing, developing, conceptualizing, manufacturing, and/or marketing products and services, as well as updating, upgrading, improving, or otherwise altering the Product.
  • You agree that any and all feedback you supply to Jory in response to communications (as outlined above) or other questionnaires is wholly granted to Jory to be used in perpetuity throughout the universe, non-exclusively and royalty-free, for display, use, reproduction, or modification for whatever purposes they determine.

19. Warranties

  • The Product and all associated products (including, but not limited to, the hosted application, the mobile application, the website, and all services therein) are provided “as is,” along with all faults and, to the maximum extent permitted by law, without any warranty of any kind, express, implied, or statutory, including, but not limited to, any and all implied warranties of usability for any and all purposes, expressed or implied, and non-infringement of third-party rights.
  • Neither Jory nor its partners or vendors warrant or otherwise guarantee in any way, shape, or form, expressed or implied, that the Product and its functions/uses will now or ever meet the needs and requirements of the licensee.
  • Without limiting the generality of the above, Jory does not warrant nor make assurances that the operation of the Product shall be free from interruption, loss, corruption, attacks, viruses, interference, hacking, or any and all other security intrusions, and Jory hereby absolves itself of any and all responsibility and/or liability with respect thereto.
  • Under no circumstances does Jory represent or warrant that any and/or all errors in the Product can be remedied or corrected.
  • Jory disclaims any and all liability associated with the use of mobile devices, third-party devices, third-party services, links, account information, content, and/or Jory software, including but not limited to continuing compatibility with the Product.
  • Jory does not warrant or represent that the information accessed or otherwise found within or through the Product is accurate, complete, or current. Jory shall not be held responsible, in whole or in part, for any service interruptions associated with the Product, including, but not limited to, power outages, system failures, or other interruptions.
  • No oral or written information, advice, or implication given by Jory and/or its authorized representatives shall create a warranty or otherwise guarantee a binding agreement of such upon Jory or its affiliated parties and/or partners.

20. Indemnification

  • You agree to defend, indemnify, and hold harmless Jory and the Jory Indemnitees (defined below) from and against any and all claims, proceedings, losses, damages, liabilities, fines, penalties, costs, and fees (including, but not limited to, reasonable attorneys' fees) incurred by any of them due to or in connection with:
    • Any and/or all breaches (real or alleged) of your representations, warranties, and/or obligations within this TOU by you or your users.
    • Any and/or all use of the Product or your account by you and/or your users.
    • Any and/or all data submitted by you or your users, including, but not limited to, the storage, transfer, processing, loss, disclosure, acquisition, or other use of such data, and any and all claims that said data violates any and/or all applicable laws or otherwise infringes upon or misappropriates any rights of, or causes damage to, a third party.
    • Any and/or all violations, misappropriations, or infringements (real or alleged) of any and/or all third-party rights (including, but not limited to, privacy and intellectual properties) in connection to your use of the Product.
    • And any violation (real or alleged) of any and/or all applicable laws by you and/or your users.
  • Jory reserves the right to, at your expense, assume the exclusive defense and control of any and all matters for which you would be required to indemnify Jory, up to and including, but not limited to, your rights to settle. You also agree to cooperate with the defense and settlement of such claims.
  • Jory will perform reasonable efforts to notify you of any and all claims, action, or proceedings brought against Jory by a third party that would be subject to the foregoing indemnification of Jory upon becoming aware of them.

21. Limitation of Liability

  • Notwithstanding any claims or statements to the contrary contained within this TOU:
    • In no event shall Jory, its affiliates, or any of Jory's or its affiliates' shareholders, directors, officers, employees, licensors, agents, representatives, or the successors or otherwise descendants or legally responsible assigns of any of the aforementioned parties (collectively to be known as the “Jory Indemnitees”) be liable, individually or collectively, to you or any other parties for any and/or all special, incidental, indirect, exemplary, or consequential damages up to and including, but not limited to, loss of profits, reputation, goodwill, or savings, downtime, damages to and/or loss of replacement software and/or data relating in any manner to the Product.
    • The extent of Jory's liability relating in any way, shape, or form to the Product (other than that required by law in cases regarding personal physical injury) is limited to the accumulated or aggregate fees paid by you to Jory for licensing the Product for no more than three (3) months prior to the claim being lodged or filed, or $50 (if no fees were paid).
    • Jory is in no way liable for any claims originating from or filed/lodged by third parties relating to the Product, and you shall actively defend and indemnify Jory of any and all harm, real or alleged, claimed.
  • Notwithstanding any claims or statements to the contrary contained within this TOU:
    • You agree that no action, regardless of form, may be brought against Jory regarding or in connection with the Product by you or the organization the Product is used in relation to more than one (1) year after the initial occurrence of the event, action, or omission that gave rise to the action.
      • These limitations apply even if a remedy fails to correct the fault.

22. Term of Agreement

  • This TOU shall begin and be considered active upon completion of either your initial payment for the Product or your acceptance of this TOU, whichever is earlier.
  • This TOU shall be considered active and effective until your relationship with Jory has been sufficiently terminated as per the terms set forth within this TOU.
  • If you have purchased the Product from a third-party reseller, the terms of the solution shall be agreed upon between you and said reseller. If there is a conflict between this TOU and the terms and conditions of the reseller, these terms and conditions shall take precedence and override any and all conflicting terms and/or conditions.

23. Termination

  • Termination of this TOU shall be effective upon any of the following provisions:
    • You choose to terminate.
      • You may deactivate the Product at any time by canceling your account with Jory directly, or, if you have purchased the Product through a reseller, by notifying the reseller that you wish to terminate your usage of the Product. In any event, this TOU shall remain in effect until the end of the service month in which the deactivation occurs, or until your accounts are brought current, whichever is later.
    • Jory chooses to terminate.
      • Jory reserves the right to terminate, suspend, or otherwise restrict your use of the Product at its sole discretion, with or without notice, for any or no reason whatsoever. Termination or suspension of access to your account and the Product may be due to:
        • Breach of any of the terms of this TOU.
        • Providing Jory with false, incomplete, or misleading information.
        • Engaging in fraudulent or illegal contact.
        • Initiating or becoming subject to bankruptcy, liquidation, winding up, or insolvency proceedings.
        • Any other reason that Jory determines to be in violation of applicable laws or policies.
  • Effects of termination
    • Upon expiration or termination of this TOU for any reason, your license rights are immediately terminated and you agree to immediately discontinue use of the Product and are obligated to also immediately uninstall, delete, remove, and/or otherwise destroy all copies (including backup copies) of the Product and/or any and all parts thereof, along with any and all documentation, regardless of media.
    • You must also certify in writing, at Jory's request, the completion of these acts.
    • You are further responsible for retrieving and/or transferring any and all data stored with or by Jory prior to termination.
      • Jory will not store your data past the date of termination, and does not provide any data retrieval, conversion, or migration services in any way, shape, or form.
      • Special accommodations for data retrieval or transfer after the date of termination may be granted due to extreme circumstances to be evaluated and granted on a case-by-case basis as necessary.

24. Export or use outside of the US

  • You agree to abide by any and all local and international laws regarding the import and/or export of goods and services for your jurisdiction.

25. iTunes/Apple App Store

  • If you have purchased and/or downloaded the Product from the Apple iTunes App Store, the following additional terms and conditions apply to the mobile application:
    • You acknowledge and agree that this TOU is between you and Jory exclusively.
    • Jory is solely and wholly responsible for the application and its content.
    • Your use of the application as sourced from the App Store must comply with any and all App Store Terms of Service.
    • You further acknowledge that Apple has no obligation at all to provide any maintenance or support services for the Product.
    • Should the Product fail to conform to any applicable warranties, you may notify Apple for a refund of the purchase price of the application as purchased from the App Store up to the maximum amount permitted by applicable law. Further, Apple has no other warranty obligations in any way, shape, or form with respect to the application, and any failures to conform to any applicable warranties will be wholly and solely the responsibility of Jory.
    • Both you and Jory acknowledge that Apple is in no way responsible for addressing any claims or complaints brought by you or any third party related to the Product itself, or your possession and use thereof, including but not limited to product liability claims, claims that the application fails to conform to any applicable legal or regulatory requirements, and/or claims arising from consumer protection or similar legislation.
    • Further, Apple and its subsidiaries are to be considered third party beneficiaries of this TOU as related to your license of the Product, and that upon your acceptance of the terms and conditions of this TOU, Apple will have the full legal right and power to enforce the tenets of this TOU as related to your license of the Product against you as a third party beneficiary thereof.
    • Without limiting any of the other terms contained within this TOU, you agree to comply with any and all applicable third-party agreements when using the Product.

26. Governing Law

  • This TOU is, for all purposes, to be governed and interpreted in accordance with the laws of the State of Oregon, and no effect will be given to any choice-of-law provision or rule within any other jurisdiction, except where overridden by the federal laws of the United States.

27. Arbitration

  • All parties entering into this TOU further agree to use any and all reasonable efforts to resolve any disputes, claims, controversies, or differences arising from or in connection with this TOU or the Product, including but not limited to the use of a mutually agreeable, non-binding mediation procedure.
  • Any dispute which cannot be settled by mutual agreement in or through mediation shall be ultimately and exclusively settled by confidential arbitration to be held in the State of Oregon and conducted by the American Arbitration Association (hereafter known as the AAA) under the AAA's Commercial Arbitration Rules.
  • If the value of the issue arisen is equal to or less than $25,000 in United States Dollars (USD), then arbitration shall be performed by one (1) single arbitrator selected and agreed upon by both you and Jory, or otherwise appointed by the AAA, and the arbitrator shall not have power to issue any awards in excess of $25,000 USD.
  • If the value of the issue arisen is greater than $25,000 then arbitration shall be conducted by three (3) independent arbitrators; one to be selected by you, one to be selected by Jory, and one to be chosen by the selected arbitrators or otherwise chosen by the AAA.
  • Once appointed, and pursuant to further procedure, the arbitrator or arbitral tribunal may order provisional or conservatory measures, including but not limited to injunctive relief, at the request of either party (you or Jory) and may embody and/or include such order within the final award.
  • Nothing in the aforementioned procedures precludes, restricts, or is otherwise intended to preclude or restrict the right of either party (you or Jory) from seeking injunctive or other equitable relief in an appropriate, competent court within the jurisdiction of the State of Oregon.
  • In all arbitration proceedings, English shall be the official language.
  • Neither you nor Jory will be entitled to join or otherwise consolidate claims by or against other individuals or entities, or arbitrate any claims as a representative member of a class or in a private attorney general capacity.
  • Any AAA Supplementary Rules for Class Arbitrations do not apply to the arbitration between you and Jory.
  • The arbitrator or arbitral tribunal shall make the final decision regarding settlement in accordance with this TOU and any and all applicable laws of the State of Oregon without regard to its conflict of laws principles, and shall also state the basis for decision in writing.
  • Judgment of award rendered may be entered into any court of appropriate jurisdiction, and/or application may be made to said court for judicial acceptance of the award and, if necessary, an order of enforcement.

28. General/Miscellaneous

  • Except where noted otherwise within this TOU, this constitutes the entire agreement of terms and conditions between you and Jory and supersedes any and/or all prior or other communications and proposals in any form relating to the Product or any other subject matter within.
  • Failure to exercise or enforce any of the rights or provisions of this TOU by either party does not and will not constitute a waiver of such right or provision.
  • You may not assign this TOU in part or in whole without the express written consent of Jory.
  • Subject to the preceding, acceptance of this TOU will bind you and your permitted successors or assigns to the conditions herein.
  • Jory may assign or delegate this TOU, in part or in whole, along with any of its rights and obligations herein, at its sole discretion.
  • If any part of this TOU is found to be invalid by a court of competent jurisdiction, all parties agree that the court should endeavor to give maximum weight and effect to the parties' intentions as outlined or otherwise reflected within said provision, and that any and all other provisions of this TOU remain in full force and effect.
  • Please address any and all notices to Jory regarding this TOU to the Jory legal department at unleashthelawyers@hellojory.com.

29. Copyright Infringement

  • If you believe that one of your copyrights has been violated, please notify us by contacting Jory's designated agent to receive notification of claimed infringement in writing with the following information:
    • An electronic or physical signature from the copyright owner or their authorized representative acting on their behalf of the exclusive copyright that is alleged to have been infringed upon.
    • Identification of the work claimed to have been infringed, or, if there are multiple allegations of infringement, a list of the works alleged to have been infringed.
    • Identification of the material that allegedly infringes upon the intellectual property, including any and all information regarding the location of the material in such detail that Jory is capable of finding and verifying its existence (for lists, please include item numbers).
    • Contact information for the person notifying Jory of the alleged violation, the name of the owner or copyright holder for the intellectual property, and their address, telephone number, and e-mail address.
    • A statement that the person notifying Jory has a good faith belief that the material has not been authorized for use by the copyright owner, its agent, or the law.
    • A statement, made under penalty of perjury, that the information provided is accurate and current, and that the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.
  • Our designated agent for notice of claims of copyright infringement:
    Jory, LLC
    Attn: DMCA
    12158 SW Garden Pl.
    Tigard, OR 97223
    Email: unleashthelawyers@hellojory.com
  • Jory may act expeditiously to respond to proper notices by either removing or otherwise disabling access to material that is claimed to be infringing upon an existing copyright or by removing and/or discontinuing service to repeat offenders.
  • Upon receiving notice of alleged infringement, Jory will make a good-faith attempt to contact the allegedly infringing party so that they may make a counter-notification.
  • If you believe that your material, which was removed or to which access was restricted or disabled, does not infringe upon an existing copyright, you must send counter-notice pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act.
  • Please do not attempt to re-list or reactivate the content yourself.
  • Your counter-notice must contain the following:
    • Your electronic or physical signature
    • Identification of the material removed or to which access has been disabled or restricted, and the location at which the material was previously found or appeared before being removed or disabled
    • A statement made under penalty of perjury that you have a good-faith belief that the material was removed, restricted, or disabled as a result of a mistake or misidentification of said material
    • Your name, address, telephone number, and email address, along with a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which the allegedly infringing party is located.
      • If your address is outside of the United States, please state which judicial district in which Jory is located that you will accept the service of process from for the person who provided notification under subsection (c)(1)(C) or an agent of such a person.
    • If a counter-notice is received, Jory may send a copy of that counter-notice to the original complainant informing them that Jory may replace or otherwise cease in restricting or disabling it within 10 to 14 business days unless the copyright or intellectual property owner files an action seeking a court order against the alleged infringing party
  • Any and all information herein regarding copyright infringement represents Jory's attempt to comply with applicable law and does not constitute, in any way, shape, or form, legal advice. Before serving notice or counter-notice, you may wish to consult an attorney.
  • You further understand and accept that your notice and/or counter-notice must comply with the requirements outlined herein or they may not be considered valid.
  • Any and all notices and counter-notices will be considered a matter of record.
  • You will be held liable for any/and all damages or other remedies resulting from misrepresentation that material infringes upon your rights or that your material does not infringe upon the rights of another

This TOU was last updated: December 17, 2014