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terms
Terms
  1. Acceptance of Terms

    1. By using and/or visiting this website (collectively, including all content and functionality available through the jovelabs.com, jovelabs.net or jovelabs.org domain names, the "Jove Labs Website", "Jove Labs (JLABS) Website", "JLABS Website" or "Website"), you signify your agreement to:

      1. these terms and conditions (the "Terms of Service");
      2. Jove Labs's Privacy Policy, found at http://www.jovelabs.com/privacy and incorporated here by reference;
      3. Jove Labs's Community Guidelines, found at http://www.jovelabs.com/privacy and also incorporated here by reference.

      If you do not agree to any of these terms, the Jove Labs Privacy Policy, or the Community Guidelines, please do not use the Jove Labs Website.

    2. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version, found at http://www.jovelabs.com/terms. Jove Labs may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.


  2. Ability to Accept Terms

    You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Jove Labs Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Jove Labs Website.


  3. Website

    1. These Terms of Service apply to all users of the Jove Labs Website, including users who are also contributors of content, information, and other materials or services on the Website. The Jove Labs Website includes all aspects of Jove Labs, including but not limited to all products, software and services offered via the Website.

    2. The Jove Labs Website and services are provided to you on an "AS IS" basis. You agree that Jove Labs exclusively reserves the right and may, at any time and without notice and any liability to you, modify or discontinue the Website and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibilty or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

    3. The Jove Labs Website may contain links to third party websites that are not owned or controlled by Jove Labs. Jove Labs has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Jove Labs will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Jove Labs from any and all liability arising from your use of any third-party website.

    4. Accordingly, we encourage you to be aware when you leave the Jove Labs Website and to read the terms and conditions and privacy policy of each other website that you visit.


  4. Accounts

    1. In order to access some features of the Website, you will have to create a Jove Labs account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Jove Labs immediately of any breach of security or unauthorized use of your account.

    2. Although Jove Labs will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Jove Labs or others due to such unauthorized use.


  5. Termination

    1. Jove Labs will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat offender.

    2. Jove Labs reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Jove Labs may remove such User Submissions and/or terminate a User's access for submitting such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.


  6. Equipment

    You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Jove Labs Website and all charges related thereto.


  7. Warranty Disclaimer

    YOU AGREE THAT YOUR USE OF THE JOVE LABS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, JOVE LABS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. JOVE LABS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

    1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
    2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE;
    3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
    4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE;
    5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY;
    6. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JOVE LABS WEBSITE.

    JOVE LABS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE JOVE LABS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND JOVE LABS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


  8. Limitation of Liability

    IN NO EVENT SHALL JOVE LABS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY:

    1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
    2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE;
    3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
    4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE;
    5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY;
    6. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JOVE LABS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    YOU SPECIFICALLY ACKNOWLEDGE THAT JOVE LABS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

    The Website is controlled and offered by Jove Labs from its facilities in the United States of America. Jove Labs makes no representations that the Jove Labs Website is appropriate or available for use in other locations. Those who access or use the Jove Labs Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.


  9. Indemnification

    You agree to defend, indemnify and hold harmless Jove Labs, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

    1. your use of and access to the Jove Labs Website;
    2. your violation of any term of these Terms of Service;
    3. your violation of any third party right, including without limitation any copyright, property, or privacy right;
    4. any claim that one of your User Submissions caused damage to a third party.

    This defense and indemnification obligation will survive these Terms of Service and your use of the Jove Labs Website.


  10. Assignment

    These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Jove Labs without restriction.


  11. Reservation of Rights

    Jove Labs reserves all rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right on content, information, and other materials or services on the Website. The use of our rights and property requires Jove Labs's prior written consent. Jove Labs is not providing you with any implied or express licenses, or rights by making services available to you and you will have no rights to make any commercial use of the Website or services on the Website without Jove Labs's prior written consent.


  12. Miscellaneous

    You agree that:

    1. the Jove Labs Website shall be deemed solely based in Tennessee;
    2. the Jove Labs Website shall be deemed a passive website that does not give rise to personal jurisdiction over Jove Labs, either specific or general, in jurisdictions other than Tennessee.

    These Terms of Service shall be governed by the internal substantive laws of the State of Tennessee, without respect to its conflict of laws principles. Any claim or dispute between you and Jove Labs that arises in whole or in part from the Jove Labs Website shall be decided exclusively by a court of competent jurisdiction located in Giles County, Tennessee. These Terms of Service, together with the Privacy Notice at http://www.jovelabs.com/privacy and any other legal notices published by Jove Labs on the Website, shall constitute the entire agreement between you and Jove Labs concerning the Jove Labs Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Jove Labs's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Jove Labs reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Jove Labs Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND JOVE LABS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE JOVE LABS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

    The section headings used herein are for convenience only and shall not be given any legal import.
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