This is a legally binding agreement. Please read these terms and conditions carefully. By clicking the button during the Registration to accept this Agreement, you represent that you have the full legal authority to enter this agreement on behalf of the party identified in the registration process, and in that capacity, you acknowledge such party’s agreement to be bound by the terms and conditions set forth or referenced below. If you do not agree to these terms and conditions, do not register for the App.
This agreement (the “Agreement”) for use of the Joltzly Mobile application and Joltzly Management platform, as updated from time to time, (the “App”) is between Joltzly LLC. (“Joltzly,” “we,” “us,” and “our”) and the party (“you,” “your”) indicated during the account registration process (such process and the information provided during such process, as amended from time to time through your login to your account in the App in accordance with this Agreement, the “Registration”).
You represent that the information indicated in the registration is true and complete, and you agree to update the Registration upon any changes to such information. The Registration is incorporated herein and made a part of this Agreement.
Subject to the terms and conditions of this Agreement, Joltzly grants to you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term to use the App and Management platform for your personal and non-commercial use only as specifically set forth in this Agreement. Joltzly reserves for itself and its licensors any rights not expressly granted in this Agreement. You acknowledge that we may issue updated versions of the App and that the updated version may be automatically deployed to your mobile device. You consent to such automatic upgrading on your device and agree to timely upgrade the App in the event there is no automatic update. You further agree that the terms and conditions of this Agreement will apply to all updates to and versions of the App.
3. Your Responsibilities and Restrictions
- You may only create and hold one account for the App, Management platform, and our services for your personal use. You must be at least 4+ years old to use the App and to rent a JuicePad (Power Block) via the App.
- To use the App, you must have a compatible device, and we do not warrant that the App will be compatible with your mobile device. You are responsible for selecting, obtaining, and maintaining any equipment, items, and ancillary services needed to access and use the App. Use of the App requires Internet access or mobile data, which may be subject to additional fees or charges. You shall be responsible for all fees and charges incurred with respect to accessing the App.
- You shall maintain and cause to be maintained the confidentiality of your user ID and password. You may not provide your account information to anyone else or allow anyone else to log in to the App and management platform using your account information. You may not permit any other individual or company to use, access, or view the App and Management platform. You must keep your password strictly confidential.
- You shall not do, nor shall you authorize any person or entity to do, any of the following: (i)use the App and Management Platform for any purpose or in any manner not specifically authorized by this Agreement; (ii) make any copies or prints, or otherwise reproduce or print, any portion of the App and Management Platform, whether in printed or electronic format; (iii) distribute, republish, download, display, post, or transmit any portion of the App and Management Platform; (iv) create or recreate the source code for, or re-engineer, reverse engineer, decompile, or disassemble any App and Management Platform; (v) modify, adapt, translate, or create derivative works from or based upon any part of the App and Management Platform, or combine or merge any part of the foregoing with or into any other software, document, or work; (vi) refer to or otherwise use any part of the App and Management Platform as part of any effort to develop a product or service having any functional attributes, visual expressions, or other features or purposes similar to those provided by us; (vii) remove, erase, or tamper with any copyright, logo, or other proprietary or trademark notice printed or stamped on, affixed to, or encoded or recorded in the App and Management Platform, or use a proxy, reverse proxy, or any other such mechanism that is intended to, or has the effect of, obscuring any of the foregoing or confusing an individual as to our rights in the foregoing; (viii) fail to preserve all copyright and other proprietary notices in any copy of any portion of the App and Management Platform made by you or on your behalf; (ix) sell, market, license, sublicense, distribute, rent, loan, or otherwise grant to any third party any right to possess or utilize any portion of the App and Management Platform without our express prior written consent (which may be withheld by us for any reason or conditioned upon execution by such party of a confidentiality and non-use agreement and/or other such other covenants and warranties as we, in our sole discretion, deem desirable); (x) use the App and Management Platform to gain or attempt to gain access to any software applications, computer systems, or data not expressly authorized under this Agreement; (xi) use the App and Management Platform to store, receive, or distribute any information in violation of any applicable law; (xii) diminish or infringe any intellectual property rights in and to the App and Management Platform or impair or interfere with any copyright protection mechanisms, copyright management information systems or digital identification devices employed in association with the foregoing; (xiii) cause the App and Management Platform to defame or infringe the rights of any other person, including rights of publicity or privacy; (xiv) use the App and Management Platform to break or violate any applicable law, regulation, ordinance or guideline; (xv) impersonate any person or entity; (xvi) act in a manner that is fraudulent, libelous, abusive, obscene, discriminatory, harassing, or illegal; (xvii) transmit any computer viruses, worms, trojan horses or other malware; (xviii) use any device, software, methodology, or routine to interfere with or disrupt the App or the servers or networks connected to the App and Management Platform by trespass or burdening network capacity; (xix) harvest or collect information about other Joltzly users or customers; (xx) restrict or inhibit any other person from using the App and Management Platform, including without limitation by means of “hacking” or defacing any portion thereof; (xxi) “frame” or “mirror” any portion of the App and Management Platform; (xxii) use any robot, spider, other automatic device, or manual process, to “screen scrape,” monitor, “mine,” or copy any portion of the App and Management Platform; or (xxiii) attempt to do or assist any party in attempting to do any of the foregoing.
- You agree that you will use the App and Management Platform only in a manner that complies with all applicable laws and that your use of the App and Management Platform is subject to all applicable local, state, national, and international laws and regulations. You further agree to access the App only from within the United States. The App may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States.
- You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
4. Terms of Service
You pay for the rent of the JuicePad (Charging Blocks) via the App. By confirming the payment, you represent and warrant that you are authorized to use the designated payment method, and you authorize Joltzly, through its third-party payment processor, to charge for the order (including taxes, service charges, commissions, and any other amounts described) to that card or other payment method. You agree that Joltzly may immediately authorize the credit card (or other approved facility) for payment for any order made under your user account.
- You are responsible for all activities and charges that occur under your user account, and your liability for such charges shall continue after termination of this Agreement. The rental agreement shall have a maximum term of 2
- If the User fails to return the Portable JuicePad within 2 days, the rental agreement shall be terminated automatically. The JuicePad shall then become the property of the User and the amount of $34.99 plus applicable taxes and rental fees will be charged to the User’s Credit card used to preapprove the charge.
- YOU MAY NOT CANCEL THE TRANSACTION ONCE AN JUICEPAD POPPED OUT. IT ONLY CAN BE STOPPED BY INSERTING THE JUICED INTO ONE OF THE EMPTY SLOTS.
- The User ends the rental agreement by returning the JuicePad and paying any outstanding default fees. The User hereby authorizes Joltzly to charge at any time, any and all outstanding fees due by the rental service and liabilities to the wallet and/or credit/debit cards used in order to access the service as in Joltzly’s records.
- You agree to indemnify, defend, and hold harmless Joltzly, its licensors, their corporate affiliates, and their respective officers, directors, employees, and agents from any loss arising out of or related to the use of the App or the use of the JuicePad via the App, or any products ordered or received thereunder. This obligation will survive your use of the App and the termination of this Agreement. For purposes of this Agreement, “Loss” means all losses, liabilities, damages, awards, settlements, claims, suits, proceedings, costs, and expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, expert witness fees, settlement, judgment, interest, and penalties).
- Only valid credit cards or other payment methods acceptable to Joltzly may be used. If the card (or other payment methods) cannot be verified, is invalid, or is otherwise not acceptable, the order may be suspended or canceled automatically. You agree to keep all payment cards or other payment method information current, and you agree that Joltzly may submit charges for processing even if the card (or other methods) has expired or changed by the time we submit it. You must resolve any problem encountered with the payment method before Joltzly proceeds to process a transaction. In the event of an error—whether on the App, in an order confirmation, in process of the renting, or otherwise— Joltzly reserves the right to correct such error and to revise the order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged.
The rental fee amounts to the figure set in Joltzly App; however, it may be changed due to price adjustments or promotions. The rental fee set out at the time the agreement is concluded shall apply. The rental fee shall authorize the User to consume the power contained in the JuicePad and to use the JuicePad for the maximum period of 02-days (starting the date and time of receiving JuicePad). The minimum credit to be added to your Joltzly Wallet is $5.00, which will always be applied upon immediate or future rentals.
- Preauthorized Deposit – The User’s credit card will be pre-authorized for $49.99 as a security deposit for the JuicePad during the rental period. The deposit shall be refunded in full if the User returns the JuicePad and cable undamaged within the 02-day maximum rental period less the total rental fees for the period rented. In this case, the User authorizes Joltzly to charge at any time, the amount of the deposit.
- Default/Purchase fee – If the User fails to return the JuicePad within the 02-days rental period, default/purchase fees amounting to $35.99 (plus tax) in addition to the total amount for the rental period of $5.99 per day will be charged to your credit/debit card on file. No further default fees shall accrue, and the JuicePad shall become the property of the User.
- All prices, taxes, service charges, commissions, and other amounts are shown in U.S. dollars. Prices, taxes, service charges, commissions, and other amounts are subject to change without notice.
- All transactions are final. If you contact us seeking a refund, we cannot – and will not – process any refund until we receive the evidence of the problem and reviewed by the Joltzly team.
- Joltzly may, in its sole discretion, make promotional offers with different features and different rates available to any or all our users in the United States. Unless made available to you, these promotional offers will have no bearing on your obligation to pay the amounts charged. Unless otherwise stated, promotions applied to purchase will be reflected at checkout and will either be deducted from (i) the total amount of the charging time or lose the JuicePad charged, before tax, tip, and fees, as part of the authorized charge to the payment instrument(s) associated with your account or (ii) if the promotion is related directly to the fees (g. no service charge), deducted from the fee. Promotions are automatically applied toward your future charge using the App at participating venues. We reserve the right to determine the order in which promotions are applied to transactions and their priority to other promotional codes. We cannot guarantee that the promotions with the earliest expiration dates will be given priority in all transactions, and you agree to monitor your account regularly to verify the status of promotions. Joltzly has no obligation to offer or redeem any promotion, including if such promotions are unavailable due to error or technical failure.
- Joltzly may regulate, modify, and/or eliminate any promotional credits at its sole discretion at any time, with or without notice to you. In some cases, you may not be able to combine promotions with any other promotions or discounts. Some promotions have expiration dates. The expiration date will be displayed on the App and can be found, for example, on the applicable menu pages. Expired promotions have no value. Further, Joltzly does not issue or award retroactive promotions for any reason.
- Joltzly may display promotions anywhere on the App, including on home pages or elsewhere, and Joltzly will, in its sole discretion, select the promotions that are available to you. Promotions may be limited to select venues. Promotions may require you to select the promotion on the App, require you to enter a promotional code in order to redeem the promotion, require you to add qualifying menu items to the cart, or as otherwise communicated to you on the App.
- Promotions may only be redeemed by you and are not transferable to another account. Promotions from separate accounts cannot be combined. Promotions cannot be duplicated, cannot be exchanged, or redeemed for cash, and cannot be made available to the general public. Promotional credits may never be redeemed or exchanged for real money or used outside of the App. Joltzly has no obligation to refund you for any unredeemed promotions or any associated benefits following cancellation, suspension, or modification of any promotion or your account.
- ONLY THOSE PROMOTIONS DISPLAYED ON THE APP WILL APPLY.
- Additional terms and conditions presented at the time of offering may apply for each to any promotion, and you agree to such terms as set forth on the App.
- Notwithstanding anything to the contrary and subject to applicable law, Joltzly reserves the right to cancel, suspend and/or modify any aspect of or the entirety of any promotion, for any reason at any time, with or without notice, including, without limitation, if any fraud or technical failure impairs the integrity or proper functioning of the promotion. We may (i) suspend or terminate the promotion, (ii) refuse to honor a promotion, and/or (iii) withhold or deduct credits or other value obtained, with or without notice.
7. Ownership; Proprietary Rights; Third Parties
- You acknowledge and agree that you do not acquire any ownership rights to the App and the management platform through this Agreement or by use of the App and the management platform. Joltzly and/or its licensors have and retain exclusive, valid, and non-contestable ownership of the App and the management platform, all intellectual property, and proprietary rights therein. You acknowledge and agree that Joltzly has and retains exclusive and valid ownership of all anonymized statistical information regarding the use of the App and the management platform.
- You may suggest improvements and/or communicate to Joltzly ideas, inventions, discoveries, or concepts (“Ideas”) during the term of this Agreement, and you and us may discover or create the Ideas jointly. You agree that any such Idea shall be and remain solely the property of Joltzly and/or its licensors and may be used and sold, licensed, or otherwise provided by Joltzly and/or its licensors to third parties, or published or otherwise publicly disclosed, in Joltzly’s and/or its licensors’ sole discretion without notice, attribution, payment of royalties, or liability to you. You hereby assign to Joltzly any and all of your rights, title, and interest in and to any such Ideas.
- Any third-party code that may be incorporated in the App and the management platform is covered by the applicable open source or third-party license, if any, authorizing the use of such code. Your use of Google Pay or Apple Pay is subject to the terms and conditions and privacy policies of Google, and Apple, respectively. If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Joltzly only, not with Apple. We, not Apple, are responsible for the App and the content. The license granted to you in this Agreement is for on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing. If you need any support with respect to the App, please contact us. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the App. Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement.
8. Technical Data; License to Your Data; Communications
- BY PROVIDING YOUR INFORMATION VIA THE REGISTRATION AND APP AND MANAGEMENT PLATFORM, YOU AUTHORIZE JOLTZLY, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, AND CONTRACTORS (INCLUDING A CALL CENTER) TO INITIATE ELECTRONIC COMMUNICATIONS BY E-MAIL, TELEPHONE CALLS TO NUMBERS (INCLUDING TO CELLULAR PHONE) THAT ARE PROVIDED THROUGH THE APP OR AS PART OF THE REGISTRATION, AND TEXT MESSAGES (SMS OR MMS) TO CELLULAR PHONE NUMBERS THAT ARE PROVIDED THROUGH THE APP AND MANAGEMENT PLATFORM OR AS PART OF THE REGISTRATION TO PROVIDE ORDER UPDATES OR OTHER PURPOSES RELATED TO THE APP, MANAGEMENT PLATFORM, AND THE SERVICES PROVIDED BY JOLTZLY. YOUR CARRIER MAY CHARGE FOR THESE INCOMING CALLS OR MESSAGES. YOU CONSENT TO SUCH COMMUNICATIONS, WHICH MAY OCCUR BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM. TELEPHONE CALLS MAY BE RECORDED. STANDARD DATA AND MESSAGE RATES MAY APPLY FOR SMS AND MMS ALERTS, WHETHER YOU SEND OR RECEIVE SUCH MESSAGES, AND YOU AGREE TO BE RESPONSIBLE FOR ALL SUCH CHARGES. DO NOT SUBMIT YOUR INFORMATION IF YOU DO NOT CONSENT TO BE CONTACTED BY TELEPHONE, TEXT, OR EMAIL
9. No Warranties; Risk Allocation
- THE APP, MANAGEMENT PLATFORM, AND ALL SERVICES PROVIDED OR TO BE PROVIDED UNDER THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS, AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APP AND MANAGEMENT PLATFORM. JOLTZLY, FOR ITSELF AND ITS LICENSORS, DISCLAIMS, ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE APP OR ANY PART OF IT, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, QUALITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT JOLTZLY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR OTHERWISE IS IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE. JOLTZLY EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN YOU. JOLTZLY DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE.
- DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING NETWORKS, JOLTZLY DOES NOT WARRANT THAT THE APP, OR ANY EQUIPMENT, SYSTEM, OR NETWORK ON WHICH IT IS USED OR ACCESSED, WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK THAT RESULTS IN YOUR INABILITY TO USE THE APP AND MANAGEMENT PLATFORM OR THE UNAUTHORIZED ACCESS OR DISCLOSURE OR COMPROMISE OF YOUR INFORMATION.
- JOLTZLY CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT THE APP, MANAGEMENT PLATFORM, OR FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE APP WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE APP FOR ANY RECONSTRUCTION OF ANY LOST DATA.
- NEITHER JOLTZLY NOR ITS LICENSORS SHALL BE LIABLE TO YOU (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM YOUR RIGHTS) UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER JOLTZLY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
- THE APP AND MANAGEMENT PLATFORM ARE PROVIDED TO YOU FREE OF CHARGE, AND IN NO EVENT SHALL JOLYZLY’S OR ITS LICENSORS’ AGGREGATE LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY OR THROUGH YOU), WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE APP, MANAGEMENT PLATFORM, AND SERVICES), IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED $50. THE PROVISIONS OF THIS PARAGRAPH ARE INDEPENDENT OF, SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT.
- The information presented on or through the App and Management Platform is made available solely for informational purposes. We use reasonable efforts to update the information on the App and Management Platform, and the contents of the App and Management Platform are subject to change without notice.
JOLTZLY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION (INCLUDING ANY PRODUCT, SERVICE, DESCRIPTION, PHOTOGRAPH, PRICING, OR OTHER INFORMATION). ANY RELIANCE PLACED ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. JOLTZLY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER USER OF THE APP AND MANAGEMENT PLATFORM.
- Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the limitations and disclaimers above may not apply to you. To the extent, applicable law does not permit such disclaimer of warranty or limitation of liability, the scope and duration of such warranty and the extent of such liability shall be the minimum permitted under such applicable law.
- You agree to indemnify, defend, and hold harmless Joltzly, its licensors, their corporate affiliates, and their respective officers, directors, employees, and agents from and against any Loss arising from or related to any violation of the terms of this Agreement by you or your agents. This obligation will survive your use of the App and Management Platform, and the termination of this Agreement.
- YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION PROVISIONS IN THIS AGREEMENT ARE A MATERIAL INDUCEMENT AND CONSIDERATION FOR THE GRANT OF THE LICENSE CONTAINED IN THIS AGREEMENT AND FOR PROVIDING YOU WITH ACCESS TO THE APP AND MANAGEMENT.
10. Term and Termination
This Agreement is effective upon your acceptance of it in the course of the Registration (the “Effective Date”), and it shall continue in effect until terminated in accordance with this section (the “Term”). You acknowledge that the App and Management Platform are provided free of charge, and Joltzly may terminate this Agreement and the license granted herein at any time with or without notice to you by disabling access to the App and Management Platform. We may also, in our sole discretion, modify, suspend, or discontinue at any time, with or without notice, the App, Management Platform, or portions thereof, including but not limited to the App’s features, look, and feel, and functional elements and related services. You may terminate this agreement at any time upon closing your account, uninstalling the App, and ceasing use of the App and our services. Upon termination of this Agreement for any reason or no reason: (i) your access rights will terminate, and you must immediately cease all use of the App and Management Platform.
11. Digital Millennium Copyright Act.
- Joltzly respects the intellectual property of others, and we expect our users to do the same. If you believe any materials accessible on or from the App and Management Platform infringe your copyright, you may request removal of those materials (or access to them) from the App by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
761 Morosgo Dr. NE
Atlanta GA 30324
- If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
- Joltzly has a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.
12. Other Provisions
- This Agreement will be binding upon and inure to the benefit of the parties and their successors and assigns. You may not assign this agreement or any of the rights or licenses granted under this Agreement. Any attempted sublicense, transfer, or assignment in violation of this Agreement is void.
- Except as otherwise expressly provided herein, this Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. No prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between the parties with reference thereto will be of any force or effect.
- The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect the right of such party to require performance of that provision. Any waiver by either party of any breach of this Agreement shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under this Agreement.
- If any provision of this agreement is ruled wholly or partly invalid or unenforceable by a court or other body of competent jurisdiction, then (i) the validity and enforceability of all provisions of this Agreement not ruled to be invalid or unenforceable will be unaffected; (ii) the effect of the ruling will be limited to the jurisdiction of the court or other body making the ruling; (iii) the provision held wholly or partly invalid or unenforceable shall be deemed amended, and the court or other body is authorized to reform the provision, to the minimum extent necessary to render them valid and enforceable in conformity with the parties’ intent as manifested herein; and (iv) if the ruling or the controlling principle of law or equity leading to the ruling subsequently is overruled, modified, or amended by legislative, judicial, or administrative action, then the provision in question as originally set forth in this agreement shall be deemed valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.
- This Agreement shall be construed and enforced in accordance with the laws of the state of Georgia (other than its conflicts of law provisions), and the venue for any dispute shall be exclusively in the federal or state courts sitting in Georgia. We reserve the right to seek all remedies available at law and in equity for violations of the Agreement, including, without limitation, the right to block access to the App and Management Platform from a particular account, device, and/or IP address.
- Joltzly shall not be liable for any failure to perform its obligations under this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control of it and not due to its own fault or negligence or that of its contractors or representatives or other persons acting on its behalf, and which cannot be overcome by the exercise of due diligence and which could not have been prevented through commercially reasonable measures, including acts of God, acts of terrorists or criminals, acts of domestic or foreign governments, changes in any law or regulation, fires, floods, explosions, epidemics, pandemics, disruptions in communications, power, or other utilities, strikes or other labor problems, riots, or unavailability of supplies.
You may contact us at Joltzly, 761 Morosgo Dr. NE, Atlanta GA, 30324, [email protected] for any complaints or claims with respect to the App and Management Platform.
Last Edit: 5/12/2021