Terms & Conditions
Welcome to Jivole.com. By using the Jivole.com service (“Services”), you agree to be subject to the following terms of service (“Terms”) and enter into an agreement with Jivole, Inc. and its internet platform www.Jivole.com (“Jivole™). The following General Terms of Service (“Terms”) shall apply exclusively to the business relationship between Jivole™ (“Jivole™”), its internet platform www.Jivole.com (“the Website”) and our users. By using the Website, the user accepts the following General Terms and Conditions, as well as the manner in which the Website operates as described on the Website. Promotions. Any special promotions run by Jivole™ shall only be valid if they are announced on the Website or in its corresponding email newsletter and only for the limited time announced.
Acceptance of Terms and Conditions
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Jivole, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
You signify your acceptance of the Terms and Conditions by any one of the the following methods; 1. Registering as a user for Jivole and checking the “I accept the Terms and Conditions” box. 2. Your use of the Jivole website.
Registration and Eligibility
Each user may register only once using their email address. Ip's are logged with each registration and will be vetted from time to time.
In order to access the Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Jivole™ will always be accurate, correct and up to date.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service and that your user account may be used only by you and not anyone else. Accordingly, you agree that you will be solely responsible to Jivole™ for all activities that occur under your account. User accounts created during registration are non-transferable.
The contents Jivole.com, including the Site, are intended for your personal, noncommercial use. All materials published on the Site (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are provided to Jivole.com by their respective websites under this personal use guideline. You agree to abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Website. DISCLAIMER: ALL EXTERNAL CONTENT AND EXCERPTS ARE THE COPYRIGHT OF THE ORIGIONAL AUTHOR/CONTRIBUTOR. ALL EXTERNAL CONTENT IS GATHERED FROM PUBLICLY ACCESSABLE RSS FEEDS. ALL CLAIMS AND RUMORS ARE THE RESPONSIBILITY OF THE ORIGINAL AUTHOR.
You may download or copy the Content and other downloadable items displayed on the Services for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission.
Jivole.com will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.
Disclaimer of Warranty and Limitation of Liabilities
User expressly agrees that use of the Website is at user's sole risk. Neither Jivole.com, Alpine Software, LLC., its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the Website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Website.
The Website is provided on an "as is" basis. To the maximum extent permitted by law, Jivole.com disclaims all representations and warranties, express or implied, with respect to any information, services, products and materials, including, but not limited to, warranties of merchantability or fitness for a particular purpose, title, non-infringement, freedom from computer virus and implied warranties arising from course of dealing or course of performance. In addition, Jivole.com does not represent or warrant that the information accessible via the site is accurate, complete or current. We are not responsible for typographical errors.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, server failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that Jivole™ is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.
In no event will Jivole be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website. User hereby acknowledges that the provisions of this section shall apply to all content on the Website.
In addition to the terms set forth above, neither Jivole nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained in the Website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither Jivole™, its affiliates, information providers nor content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
Except for the warranties set forth above, Jivole makes no other warranties, either express or implied, with respect to the products, or any related services performed by Jivole or any of its agents or subcontractors in connection with any order, including, without limitation, any warranties of fitness for a particular purpose, which other warranties are expressly excluded and disclaimed.
Jivole shall not be liable for personal injury and property damage resulting from the improper handling, modification or misuse of the products by the user or any other person following delivery by Jivole. In no event shall Jivole be liable to any person for incidental or consequential damages relating to the products, including but not limited to loss of profits or goodwill, loss-of-use damages or additional expenses incurred, whether pursuant to a claim in contract, tort or otherwise and whether in an action for breach of warranty or otherwise.
Jivole reserves the right to correct any errors, inaccuracies, or omissions that may relate to product pricing, descriptions, and availability and to change or updated information at any time without prior notice, before, during, or after an auction or order is completed. Should any product offered by Jivole not be as described your sole remedy will be to return it in unused condition pursuant to the return policy outlined in this document.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, JIVOLE, ITS AFFILIATES, RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE . JIVOLE, ITS AFFILIATES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM JIVOLE ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, JIVOLE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT.
YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, JIVOLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT) OR THIRD-PARTY MATERIALS OR WEB SITES: INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS OR GOODWILL, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITES OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT), OR THIRD-PARTY MATERIALS OR WEB SITES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO JIVOLE FOR THE APPLICABLE TRANSACTION GIVING RISE TO THE LIABILITY, OR, IF THERE IS NO PAID TRANSACTION RELATED TO THE LIABILITY, THE LESSER OF THE AMOUNTS PAID BY YOU TO JIVOLE IN THE PRIOR TWELVE (12) MONTHS AND FIFTY DOLLARS ($50).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
All other trademarks and content appearing on the Website are the property of their respective owners. The compilation of all content on this site is the exclusive property of Jivole.com and protected by U.S. and international copyrights.
If you are notifying Jivole of alleged copyright infringement, please be sure to provide the following information in the form required by 17 USC Section 512:
1. A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;
2. A description of the allegedly infringing material and information sufficient to permit us to locate the material;
3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;
4. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
5. A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
Designated Agent for Notification of Claimed Copyright Infringement: Jivole.com 382 NE 191st Street, Miami, FL 33179Email: legaldepartment@Jivole.com
Applicable Law / Severability Clause
This Terms of Service Agreement and your use of the website shall be governed by the laws of the State of Florida. Any legal action or proceeding related to this website may be brought exclusively in Civil court in Hillsboro County, Florida. The UN Convention on the International Sale of Goods shall not apply.
Protection of Data
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. The operators of the sites linked to and from this site are solely responsible for their contents. We hereby expressly distance ourselves from all content of any and all websites linked to the Jivole™ website. We cannot take any responsibility for the content of or the data protection and privacy practices of third-party websites.
The contract between Jivole and users is binding on the parties and on their respective successors and assigns. The user may not transfer, assign, charge or otherwise dispose of any contract formed under these General Terms or any of their rights or obligations without Jivole™’s prior written consent.
Jivole has the right to revise and amend these General Terms from time to time in its absolute discretion, including but not limited in response to changes in market conditions affecting Jivole™’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Jivole™’s system capabilities.
All users will be subject to the policies and terms and conditions in force at the time that they have successfully bid for items listed on the Website, unless any change to such policies or terms and conditions is required to be made by law or governmental authority or Jivole notifies its users of the changes to such policies or General Terms before Jivole™ sends information relating to delivery (in which case Jivole™ has the right to assume that all customers have accepted the changes to the terms and conditions unless notified to the contrary within 7 working days by the user of the items).
This Agreement and any operating rules for the Website established by Jivole constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.