1. Use of Site
2. Trademark and Copyright
JSMPROS Inc., and certain other brands, trademarks, and service marks are marks of JSMPROS Inc. and its affiliates. The Materials on this Site are copyrighted, and any unauthorized use of any Materials on this Site may violate copyright, trademark, and other laws.
Links to external websites are provided solely as a convenience to you. JSMPROS Inc. has not reviewed all of these external websites, does not control and is not responsible for any of these sites or their content. If you decide to access any of the external websites linked to this Site, you do so entirely at your own risk.
4. No Warranty
The Materials provided at this site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. JSMPROS Inc. further does not warrant the accuracy and completeness of the Materials at this Site. JSMPROS Inc. may make changes to the Materials at this Site, or to the services and prices described in them, at any time without notice. The Materials at this Site may be out of date, and JSMPROS Inc. makes no commitment to update the Materials at this Site.
5. Limitation of Liability
In no event will JSMPROS Inc., its suppliers, or other third parties mentioned at this Site be liable for any damages whatsoever (including, without limitation, interruption of services or inaccurate information) arising out of the use, inability to use, or the results of the use of this Site, any websites liked to this Site, or the Materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the Materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
6. Applicable Law
7. Effective Date and Updates
The Terms are effective as of August 1st, 2017 and are subject to change without notice by JSMPROS Inc. at any time. Please check for changes regularly. Your use of this Site after such changes constitutes your agreement to such changes.
8. User Eligibility and Registration
a. Eligibility and Age Limitations.
The JSMPros Subscription Service and/or Other Service(s) are provided to individuals. Companies, commercial establishments, associations, and other groups may only register individual employees or associates for a JSMPros Subscription Service or Other account or Service(s). Companies, commercial establishments, associations, and other groups may not register for a JSMPros Subscription Service or Other account or use the Service(s).
b. Registration and Access.
Only individuals that have registered for a JSMPros Subscription Service and/or Other account, provide certain information (e.g., a valid email address), and agree to this Agreement are eligible to use the relevant Services. You are solely responsible for maintaining the confidentiality and security of your username and password and for all activities that occur on or through your JMS Professional and Other accounts. You are not allowed to allow others to access your JSMPros Subscription Service or Other account. You agree to immediately notify us of any unauthorized access to your JSMPros Subscription Service or Other account. We will not be responsible for any losses arising from the unauthorized use of your JSM Profession or Other accounts.
Any notices we deliver to you may be made as follows: (i) by email to the last email address provided by you or (ii) by posting a notice on the JSMPros Subscription Service or Other Service. For clarity, you consent to receive electronic communications from each Service you subscribe to and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. You agree to provide and maintain accurate, current, and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness. You agree that we may take steps to verify the accuracy of information you provide.
9. Subscription Terms
a. Subscription Billing and Auto-Renewal.
Your subscription(s) to the Service(s) includes enrollment into an ongoing/recurring payment plan. Your subscription(s) will automatically renew at the end of the disclosed billing period, unless cancelled in accordance with the instructions for cancellation below. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled. Your “billing period” is the interval of time between each recurring billing date and corresponds to the term of your subscription. To see your next recurring billing date, email email@example.com for your account details. You acknowledge that the timing of when you are billed may vary, including if your subscription began on a day not contained in a given month or year (e.g., if you have a monthly subscription and became a paying subscriber on February 29, your payment method would be billed next on February 28 of the following year). We reserve the right to change our pricing. In the event of a price change, we will attempt to notify you in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that email and below. If you do not timely cancel your subscription, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. We will not be able to notify you of any changes in applicable taxes. You are responsible for all third-party Internet access charges and taxes in connection with your use of the Services. Please check with your Internet provider for information on possible Internet data usage charges.
b. Free Trials and Promotions.
Your Service(s) subscription(s) may begin with a free trial. Availability of a free trial is not guaranteed and, if one is available, is only available on the specified terms of the free trial, likely only to those who have not previously used one for the relevant Service(s). Your first payment will be charged to your chosen payment method immediately following the free trial, unless cancelled in accordance with the instructions for cancellation below. You can cancel your subscription at any time before the end of your free trial. We provide notice of the terms of the free trial at the time you register, and you will not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun, unless required by law in particular jurisdictions or instances. We may also offer, in our sole discretion, promotions (e.g., a promotional price, bundled subscription, device-specific offer or gift card) subject to promotional terms disclosed during your sign-up or in other materials provided to you. We will begin billing the same payment method we otherwise have on-file for your subscription at the then-current, non-promotional price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed.
c. Cancellation and Refund Policy.
You can cancel your subscription at any time before the end of the current billing period, free trial, or promotion. Cancellation will take effect at the end of the current billing period, free trial, or promotion unless otherwise disclosed. We do not refund or credit for partially used billing periods, although we may provide such refunds or credits on a case-by-case basis in our sole and absolute discretion. To cancel your JSMPros Subscription Service, email firstname.lastname@example.org with subject line “Cancellation of JSMPros Subscription Service” at least 3 business days prior to your desired service end date. The email body must include the name and email associated with the account that you wish the cancel and the desired end of service date.
d. Payment Details.
Your detailed payment information, such as credit card number and expiry date, will be kept by a Confidential Third Party (e.g., Stripe, PayPal, etc.). In the event your account or subscriptions are configured so that you receive separate bills relating to the JSMPros Subscription Service, we may consolidate such bills to reduce the number of separate charges you receive. You are responsible for keeping your payment details up to date by contacting JSMPros at email@example.com. Where your details change or are due to expire, the Confidential Third Party may obtain or receive from your payment provider updated payment details including your card number, expiry date and CVV (or equivalent). This enables us to continue to provide you access to the Services. You authorize us to continue to charge your card using the updated information. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription. You also agree that we may charge your payment method on file if you decide to restart JSMPros Annual Subscription Service or Other Service subscription.
e. JSMPros Annual Subscription Service.
The JSMPros Annual Subscription Service includes on-demand access to the JSMPros Pre-recorded Training Library, access to JSMPros Webinar Replay library, Exclusive Sound Bytes episodes, and any other content added by JSMPros. Content is subject to change without notice at the sole and absolute discretion of JSMPros.
f. Bundled Subscription Options.
We may offer a JSMPros Annual Subscription Service or Other Service subscription bundled with other subscription services. Notice of the terms of the bundled subscription options will be provided to you at the time you register.
g. Pay Per View Events.
We may also offer one-time pay per view events not otherwise included within your subscription. You will be charged for pay per view events at the time of purchase to your chosen payment method.
h. Additional Content.
From time to time, we may offer the opportunity to watch Content that is not included in your Service Tier. For example, subscribers to a Service Tier that is otherwise limited to on-demand streaming may be able to watch certain live Content. We offer this additional Content on a promotional basis and retain sole discretion regarding the availability of the Content, eligibility to watch the Content, and requirements to access the Content.
10. Copyright License Grant and Restrictions
Within the Territory and subject to the terms and conditions in this Agreement, we grant you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to do the following:
i. Install and make non-commercial, personal use of the JSMPros Subscription Service or Other Service; and
ii. stream or temporarily download copyrighted materials, including but not limited to video training material, bonus materials, images, and artwork (the “JSMPros Subscription Service” or “Other Content” or, collectively, the “Content”) that are available to you from the JSMPros Subscription Service or Other Service.
This is a license agreement and not an agreement for sale or assignment of any rights in the Content or the Services. The purchase of a license to stream or temporarily download any Content does not create an ownership interest in such Content. Such Content, including the copyrights, trademarks, service marks, trade names, trade dress and other intellectual property rights in the Content, are owned by JSMPros, its affiliates and/or other licensors, and is protected by the copyright laws of the United States, as well as other intellectual property laws and treaties.
b. Restrictions on Your Use of the Content.
You agree that as a condition of your license, you may not and agree not to:
i. circumvent or disable any content protection system or digital rights management technology used in connection with the JSMPros Subscription Service or Other Service to control access to the Content;
ii. copy the Content (except as expressly permitted by this Agreement);
iii. rebroadcast, transmit or perform the Content available via the Services;
iv. create derivative works of the Content; or
v. allow third parties to violate the above restrictions.
c. Restrictions on Your Use of the Services.
You agree that as a condition of your license, you may not and agree not to:
i. move, decompile, reverse-engineer, disassemble, or otherwise reduce to human-readable form the Services and/or the video player(s), underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the video player(s);
ii. modify the Services, including, but not limited to, by removing identification, copyright or other proprietary notices from the Content or the Services;
iii. access or use the Services in a manner that suggests an association with our products, services or brands;
iv. use the Services for any commercial or in any commercial establishment or area open to the public (e.g., lobby, bar, restaurant, diner, stadium, casino, club, cafe, theater, etc.) or build a business utilizing the Content or Services, whether or not for profit;
v. create derivative works of any components of the Services owned by JSMPros, any updates, or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law;
vi. bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Services, including using any technology or technique to obscure or disguise your location when you are accessing the Services;
vii. index, frame, embed or link to the Services in a manner not authorized by us, or to collect information about users for the purpose of sending, facilitating, or encouraging unsolicited bulk or other communications;
viii. access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Services using a robot, spider, scraper or other automated means or manual process without our express written permission;
ix. remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Services;
x. damage, disable, overburden or impair the Services, including by introducing viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
xii. share your login credentials with third parties; or
xiii. otherwise allow or encourage third parties to violate the above restrictions.
Any attempt to perform any of the restrictions listed in Sections 3(b) and 3(c) above is a violation of the rights of JSMPros and the copyright holder.