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Terms and Conditions

This agreement was last updated August 28, 2009.

Terms and Conditions

By using the JomoWire service (“Service”), you agree to be bound by the following Terms and Conditions. JomoWire reserves the right to update and change the Terms and Conditions from time to time without notice. The most recent Terms and Conditions will be available at all times at JomoWire.com/terms. Continued use of JomoWire after any such change shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your account (“Account”). You understand and agree that JomoWire cannot be responsible for the content (“Content”) sent to you. You agree to use the Service at your own risk.

1. Privacy We are committed to protecting your privacy. Your feedback data is private and confidential and belongs to you. We designed our Privacy Policy (JomoWire.com/privacy) to make important disclosures to you about exactly how JomoWire protects your privacy. We encourage you to read it.

2. Account Terms

2.1 You must be 13 years or older to use this Service. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

2.2 You must provide your legal full name, a valid email address, and any other information requested in order to obtain an Account with JomoWire. You may not impersonate someone else or misrepresent yourself.

2.3 You can only have one Account at a time.

2.4 You are responsible for maintaining the security of your Account and password.

2.5 You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright).

2.6 You must only use the Service as it is intended – for requesting, giving and tracking feedback in the spirit of personal development. You may not post or transmit inappropriate content or material that would constitute unsolicited or unauthorized advertising or spam.

2.7 You will act reasonably and in good faith when using JomoWire. You will not use automated scripts to collect information from the Service or Website. You will not interfere with the proper functioning of the Service.

2.8 JomoWire reserves the right, but has no obligation, to monitor the information or material you submit to the Service. JomoWire has the right to remove any such information that in its sole opinion violates, or may violate, any applicable law or the spirit of this agreement or upon the request of any third party.

3. Beta Terms

3.1 You can open a beta account with your name and email address.

3.2 Once you open an account, you can use the JomoWire beta service for free for as long as the beta period lasts.

3.3 At least 2 weeks prior to the end of the beta period, JomoWire will notify you that the free beta period will be ending, and ask you to sign up for one of the JomoWire subscription plans.

3.4 During the beta period, JomoWire will request your feedback about your experience with the JomoWire beta. If you respond to at least three of our feedback surveys, you will be eligible for a free annual subscription.

3.5 If you are eligible for the free annual subscription, JomoWire will notify you, and you may sign up for the free annual subscription.

3.6 After the beta period, JomoWire will require your credit card information for all free trials and subscriptions for the purpose of managing fraud and enabling an auto renewal process. The terms of the 30 day trial and subscription accounts will be available at the appropriate time.

3.7 If you do not sign up for one of the JomoWire subscription plans by the end of the beta period, your account will terminate.

4. Term and Termination

4.1 You are solely responsible for properly cancelling your Account. An email or phone request to cancel your Account is not considered cancellation. You can cancel your Account at any time by clicking on the My Account tab in your JomoWire application.

4.2 Either you or JomoWire may terminate your account at any time, for any reason or no reason, without explanation.

4.3 If your Account terminates for any reason other than breach of contract, you may reopen your account at a later date and access your personal feedback history.

5. Disclaimers, Warranties, Liability

5.1 JOMOWIRE SERVICES AND INFORMATION ARE PROVIDED “AS IS”, AND “AS AVAILABLE”. OTHER THAN AS EXPLICITLY SITED IN THIS AGREEMENT, JOMOWIRE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE AND DISCLAIMS ANY WARRANTY OR REPRESENTATION REGARDING AVAILABILITY OF A SERVICE, SERVICE LEVELS OR PERFORMANCE.

5.2 JOMOWIRE DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY DEFECTS OR ERRORS WILL BE CORRECTED.

5.3 IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT.

5.4 IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOSS OF PROFITS, REVENUES, GOODWILL, PERSONAL REPUTATION, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

5.5 You agree to indemnify, defend and hold harmless JomoWire, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your use of or inability to use the Site or Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. JomoWire reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with JomoWire in asserting any available defenses.

5.6 You agree that JomoWire shall have no liability whatsoever relating in any way to the use of feedback data, aggregate data or other performance data, whether in employment context or otherwise.

6. Copyright and Other Proprietary Rights

6.1 Subject to the limited rights expressly granted hereunder, JomoWire reserves all rights, title and interest in and to the Service. No rights are granted to you hereunder other than as expressly set forth herein.

6.2 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, user of the Service or access to the service, including but not limited to confidential information, copyrighted material, trademarks, or other proprietary information accessible via the Services.

6.3 You own all rights, title and interest in and to all of your personal data.

6.4 By requesting and giving feedback and advice using Service, you automatically grant, and you represent and warrant that you have the right to grant, to JomoWire and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to aggregate your feedback data.

6.5 For Content that is covered by intellectual property rights, like photos, you specifically grant JomoWire an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use any IP content that you post on JomoWire.

7. Links to Third-Party Web Sites

The Service may contain links to other Web sites for applicable Content. JomoWire is not responsible for the Content of any linked site or any link contained in a linked site, or any changes or updates to such web sites. JomoWire provides these links to you only as a convenience, and the inclusion of any link does not imply that JomoWire endorses or accepts any responsibility for the Content on such third-party Web site. Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on through the services are solely between you and such services. You agree that JomoWire will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

8. General

8.1 You agree that California law will govern this agreement, the site and the Services and that any dispute arising out of or relating to this agreement, the site or Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in Santa Clara County, California.

8.2 Both parties shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind not to disclose or use any confidential information for any purpose outside the scope of this agreement. JomoWire shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality, and integrity of your data.

8.3 JomoWire has the right to disclose your company name on its web site.

8.4 Have a comment? Send an email to termsandconditions@jomowire.com.