TERMS OF SERVICE
- INTRODUCTION: This website, JOHNOATES.COM, including its sub-domains and/or all feeds therein (individually and collectively, the “Site”) is published and maintained by Jasper Productions, Inc. (“Company”). Please read the following terms of service (“Terms”) fully and carefully before accessing, displaying, or using the Site. These Terms constitute a legally binding agreement and exclusively governs the use of the Site by users and visitors (“you”, “your”). By accessing or using the Site or taking a similar action to signify your affirmative acceptance of these Terms, you unconditionally accept and agree to be bound by the Terms. If you are entering into these Terms on behalf of a company or other legal entity or individual, your acceptance represents that you have the authority to bind such third-party. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND AN APPLICABLE THIRD PARTY, THEN COMPANY IS UNWILLING TO GRANT YOU RIGHTS TO USE THE SITE.
- EFFECTIVE DATE: The Terms are effective as of and were last updated on November 1, 2021.
- COMPANY’S INTELLECTUAL PROPERTY: As between you and Company, all right, title, and interest in and to the Site and its contents, including all content, graphics, images, materials, text, and videos, along with the selection, coordination, arrangement, and organization of the Site (individually and collectively, “Content”) is owned and/or controlled entirely by Company and protected under domestic and international copyright and other similar intellectual property laws. Company’s name, logo(s), and overall brand, including trademarks for John Oates® and Oates®, are protected under various domestic and international trademark laws. You are not authorized to use Company’s Content, copyrights, whether registered or unregistered, or trademarks without Company’s express written authorization.
- GRANT OF RIGHTS: Subject to your full compliance with the Terms, Company grants you a limited license and permission to access and use the Site for its intended purposes. You shall not copy, capture, reproduce, remove, transfer, modify, manipulate, create derivative works from or based upon, republish, transmit, distribute, or exploit any Content unless otherwise expressly permitted by these Terms, under Company’s direction or instruction, or as permitted by law. Without limiting the foregoing, you are not authorized to (i) resell, sublicense, transfer, assign, or distribute the Site or its content; (ii) modify or make derivative works based upon the Site or its content; (iii) “frame” or “mirror” the Site or its content; or (iv) reverse engineer, decompile, or disassemble the Site or its content or enable software for such purposes. Company reserves all rights in the Content. Upon termination of these Terms, all licenses and other rights granted by Company to you in these Terms will immediately cease (for the avoidance of doubt, all of your on-going obligations under these Terms shall survive). You agree that Company may terminate your access to the Site without prior notice.
- CONTENT: Company may add, change, discontinue, remove, or suspend any Content embodied on the Site, as well as the Site itself, at any time, without notice to you and without any liability. Company reserves the right, in Company’s sole discretion, to change how it operates the Site at any time for any reason whatsoever and to block, moderate, or remove Content at any time in Company’s sole discretion.
- USER SUBMISSIONS: Certain aspects of the Site may allow you to submit materials to the Site, which includes emails you send to Company or filling in web-forms (“Your Content”). By submitting Your Content to Company or the Site, you grant to Company an irrevocable, royalty-free, perpetual, sub-licensable, transferrable, and worldwide right and license, without any obligation or liability to you whatsoever, to use Your Content for any Company related purpose, including the right to display, distribute, edit, exploit, modify, publicly perform, publish, create derivative works, or otherwise use Your Content in any and all media in any format. For the avoidance of doubt, Company may use Your Content with no notice to you and without owing any consideration to you. If you wish to keep Your Content private or proprietary, please do not transmit any of Your Content to Company.
- CONTESTS: In addition to these Terms, sweepstakes, contests, or other promotions (each, a “Contest”) made available by Company through the Site (including through Company’s social media channels) may have specific rules that are different from these Terms. By participating in a Contest, you agree to and will become subject to any specific Contest terms and conditions. Company urges you to review the rules before you participate in a Contest. In the event of any conflict between any the terms and conditions of a Contest and these Terms, the rules pertaining to such Contest will take priority over these Terms solely for that given term or condition.
- YOUR AGE: If you are under 18 years of age, you are required to receive parental consent to use the Site at all times. In such an event, your parent or legal guardian is responsible for any and all activity you engage in on the Site at all times and is considered the ‘user’ of the Site under these Terms. By using the Site, you affirm you are over the age of 13 years old. No part of the Site is directed to or targets children younger than 13 years of age, and children younger than 13 years old are not permitted to use the Site. Company strongly urges all parents and legal guardians to monitor the Internet use of their children. Parents should be aware that there are parental control tools available from other sources on the Internet that you can use to prevent your children from accessing or submitting information online without parental permission. If Company learns that Company has collected Personal Data of a child younger than 13 years old, Company will take steps to delete such information from Company’s files as soon as commercially reasonably possible. Please direct any inquiries related to the following to firstname.lastname@example.org.
- REPRESENTATIONS AND WARRANTIES: You represent and warrant the following:
- You accept and agree to abide by all of the terms and conditions contained herein and you represent and warrant that you are not, and will not be, under any disability, or other restriction, which prevents your ability to enter into, perform in accordance thereof, and comply with all of the Terms. You acknowledge that you are at least 13 years of age and if under 18 years of age, you have, and will have at all times, have your parent or legal guardian’s consent in regards to your access and use of the Site.
- Your access of use of the Site constitutes your acknowledgement and acceptance that your activities in regards to the Site are lawful in every jurisdiction where you access or use the Site. You agree to comply with all laws, rules and regulations (federal, state, local, and provincial) applicable to your use of the Site and Your Content.
iii. You agree that your use of the Site, including uploading Your Content, will not violate any law, regulation, or right of any third-party, including any copyright, trademark, patent, trade secret, publicity, or privacy law. You expressly warrant and represent that you have all necessary licenses, rights, consents, and permissions to Your Content. You agree you are not authorized to use the Site or Company’s servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, violent, discriminatory, or pornographic material, or any other material which Company deems to be objectionable (in Company’s sole discretion). You are responsible for all content and information shared with Company.
- You will not interfere with any third party’s use and enjoyment of the Site, including sending unsolicited emails or “spam” messages or contact any other visitor or user of the Site for any illicit purpose or who has requested not to be contacted. You understand it is strictly prohibited to post or transmit, directly or indirectly, any unlawful, threatening, defamatory, obscene, or infringing material or impersonate any persons while using the Site.
- You will not cause damage to the Site or impair the availability or accessibility of the Site in any way which is fraudulent, unlawful, illegal, or harmful, including modifying, adapting, bypassing, or hacking the Site to change, de-crypt, interrupt, destroy, or limit the functionality of Company’s, or its users’, software, hardware or telecommunications equipment, uploading, posting, hosting, transmitting any code or materials of a destructive nature, or attempt to gain unauthorized access to Company’s servers or computer system or engage in any activity that interferes with the performance of, or impairs the functionality of, the Site.
- You will not access the Site through unpermitted automated means, including use of scripts or web crawlers, not present on this site, including agreeing to not to use the Site in excess of your authorized login protocols. You agree not to access (or attempt to access) this Site by any means other than through the interface Company provides.
vii. You are responsible for all costs associated with accessing or using the Site and you are responsible for any system software and/or hardware compatibility requirements for use of the Site.
- SITE DISCLAIMER: This Site is made available “as is” and “with all faults.” Use of the Site is entirely at your own risk and you should use your best judgment and exercise caution while using the Site. In accordance with the foregoing, Company, to the fullest extent permissible by applicable law, disclaims all warranties, expressed or implied, written or oral, arising from a course of dealing, performance, usage of trade, or otherwise in connection with the Site and your use thereof, including, warranties of merchantability, fitness for a particular purpose, and non-infringement. Company explicitly does not warrant that the Site or any Content will meet your requirements. Company makes no guarantee that your use of the Site, and all other features or functionalities associated with the Site, or delivery or display of the Site, will be uninterrupted, interference free, or error free, or be free from any viruses, worms, or other security intrusions. You understand that the Site may contain inaccuracies, omissions, and delayed information and that Company is not liable to you for any such defect. Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information within the Site is inaccurate at any time without prior notice. Company undertakes no obligation to update, amend or clarify information on the Site, except as required by law. No specified update or refresh date applied in the Site should be taken to indicate that all information in the Site has been modified or updated. Regardless, Company strives to provide accurate descriptions of all materials available on the Site and every attempt is made to provide you with complete, error-free, and accurate information. If you believe there are any inaccuracies or discrepancies, please contact Company at email@example.com. NOTWITHSTANDING THE FOREGOING, IF ANY IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY: To the fullest extent permitted by applicable law, Company shall not be liable to you or any third-party for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, loss of data, loss of business or anticipated savings, loss of use, loss of goodwill, or other damages which are in any way related to your use of the Site, regardless of legal theory (including, but not limited to contract, tort, personal injury, property damage, negligence, warranty, or strict liability), whether or not Company has been advised of the possibility, foreseeability, or probability of such damages, and even if the remedies otherwise available fail for their essential purposes. UNLESS OTHERWISE PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN COMPANY AND YOU IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, COMPANY’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS AND/OR YOUR USE OF THE SITE AND PRODUCTS WILL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00).
- INDEMNIFICATION: You agree to indemnify, defend, and hold harmless Company, Company’s affiliates, subsidiaries, parents, successors, assigns, licensees, designees, and partners, and each of their officers, directors, members, stockholders, shareholders, employees, representatives, agents, and personnel, from and against all claims, actions, suits, liabilities, damages, costs, and expenses (including reasonable attorney’s fees and legal costs) arising out of or incurred in connection with: (i) your breach or alleged breach of these Terms; (ii) Your Content; (iii) your violation of any third-party right, including any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including without limitation, all regulatory, administrative and legislative authorities; (v) your use of the Site; and (vi) your negligence or willful conduct in regards to these Terms; all of the foregoing to the fullest extent permitted by applicable law. Notwithstanding anything to the contrary contained herein, this indemnification obligation shall survive these Terms and your use of the Site. Company reserves the right to take over the exclusive defense of claims for any of the foregoing, and in such an event, you shall provide prompt and reasonable cooperation to Company or its designees. You will not in any event settle any claim any of the foregoing is entitled to indemnification for, without the prior written consent of Company.
- REMEDIES: All of Company’s rights and remedies are cumulative and shall in no way affect any remedy available to Company under equity or law. You agree that any violation of the breach of the Terms by you may result in irreparable harm to Company, that monetary damages may be inadequate, and you hereby agree Company shall be entitled to seek injunctive relief without the need to post any bond or proving any damages. Notwithstanding anything to the contrary contained herein, you may not seek any equitable or injunctive relief under these Terms, and you may only seek damages against Company in the form of your actual monetary damages.
- USE IN UNITED STATES: This Site is intended for use only from within the United States. Company does not represent that this Site is appropriate for use elsewhere. Access to this Site from locations where its contents are illegal is not authorized.
- MODIFICATION TO TERMS: The Terms cannot be modified or amended, except as expressly provided for herein. Company reserves the right to modify, alter, amend, or update the Terms at any time without notice to you in Company’s sole discretion, and such new Terms will immediately take effect upon Company posting such new Terms on the Site. You are encouraged to frequently visit the Site, specifically at www.johnoates.com/terms to review the current Terms. Notwithstanding the foregoing, Company will attempt to notify you of any material changes to the Terms. Your continued use of the Site following any changes to the Terms shall be deemed your acceptance of any and all changes to the Terms and your agreement to be bound by the most current Terms. Any questions, requests for assistance, thoughts, or complaints regarding changes to the Terms can be directed to Company at: firstname.lastname@example.org.
- ASSIGNMENT: The Terms are personal to you (or the company or other legal entity or individual you are entering into these Terms on behalf of), and are not otherwise assignable, transferable, or sublicensable by you except with Company’s prior written consent. Company may freely assign the Terms.
- SEVERABILITY: If any part of the Terms is deemed by a court of law or authority of competent jurisdiction to be void, voidable, illegal, or unenforceable, the remainder of the Terms will remain in full effect as if such void, voidable, illegal, or unenforceable part had not existed.
- WAIVER: The waiver by either Company or you of a breach of any of the provisions of the Terms by the other party shall not be construed as a waiver by the non-breaching party of any subsequent breach by the breaching party.
- SURVIVAL: All provisions of these Terms, which by their nature should survive termination or expiration of these Terms, shall survive termination or expiration.
- CHOICE OF LAW: The laws of the State of Tennessee applicable to contracts entered into and performed within Tennessee (and notwithstanding any conflict of law principles) shall exclusively govern these Terms and any disputes between you and Company, including all disputes arising out of these Terms, unless otherwise prohibited by law. Notwithstanding anything to the contrary contained herein, the application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
- ARBITRATION: You and Company agree that any and all disputes or claims that arise between you and Company, whether arising out of or relating to these Terms, your use of the Site, and any other aspect of the relationship or transactions between you and Company, shall be resolved exclusively through final and binding arbitration administered before the American Arbitration Association (the “AAA”) under its consumer arbitration, or other applicable, rules (the “AAA Rules“) then in effect, subject to the terms of this arbitration provision. Any alleged claim or cause of action you may have with respect to your use of the Site or these Terms must be commenced within one (1) year after the alleged claim or cause of action arises, unless otherwise prohibited by law. Company is always interested in resolving disputes amicably and efficiently and Company anticipates most user concerns can be resolved quickly by emailing Company at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Arbitration Notice”). The Notice to Company should be sent to Company at the following address, Jasper Productions, Inc. c/o Novick Law PLLC, 818 18th Ave., S., 10th Floor, Nashville, TN 37203. (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If you and Company do not resolve the claim within ninety (90) calendar days after a valid Arbitration Notice is received by Company, you or Company may commence an arbitration proceeding. For the avoidance of doubt, you understand that by agreeing to the Terms, you and Company are each waiving the right to a jury trial or to participate in a class action or class arbitration, except for the limited exclusions expressly set forth herein. Notwithstanding the foregoing, you may assert some claims in “small claims” court pursuant to certain provisions in the AAA rules regarding small claim actions, but only if your claim is under $10,000, otherwise qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis (as further set forth below). Additionally, nothing in this arbitration provision shall preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against Company on your behalf.
- ARBITRATION PROCESS: Any arbitration of a dispute will be handled by a sole AAA arbitrator with significant experience in the subject-matter to which the claim or dispute is based upon. You and Company agree that the arbitrator shall have the power to rule on any objections with respect to the existence, scope, or validity of the arbitration provisions contained herein or to the arbitrability of any claim or counterclaim. The arbitrator must follow these Terms and has the power to award the same damages and relief as a court could award (including reasonable attorney fees and costs, as and when specified in these Terms), except that the arbitrator may not award you any declaratory or injunctive relief. Notwithstanding the foregoing, if there is any inconsistency between any term of the AAA Rules and any term of this arbitration provision, the applicable terms of this arbitration provision will control unless the arbitrator determines that the application of the inconsistent term(s) would not result in a fundamentally fair arbitration. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Any arbitration judgement award or other relief may be entered in any court that has jurisdiction, and may only be challenged by you or Company if the arbitrator makes a clear error of law. The arbitration shall be in English. The parties shall mutually bear the cost of any filing, administrative, or arbitrator fees, unless otherwise agreed to by Company. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties, including the amount of any settlement offer made by either party or any judgement to which a party is entitled.
- VENUE: Unless Company and you agree otherwise, any arbitration hearings will take place in Davidson County, TN. Notwithstanding the foregoing, if your claim is for $10,000 or less and not pursued by you in “small claims” court pursuant to certain provisions in the AAA rules, Company agrees that you may choose whether the arbitration will be conducted solely electronically on the basis of documents submitted to the arbitrator or through a telephonic hearing (subject to AAA’s approval). If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
- NON-ARBITABLE DISPUTES: In the event that any dispute related to these Terms is not subject to the arbitration provisions herein, you and Company agree that any such dispute shall be exclusively resolved in the courts located in Davidson County, TN. Notwithstanding anything to the contrary contained herein, Company may pursue directly in court and not via the arbitration process set forth above, in Company’s sole discretion, emergency equitable relief, including injunctive relief, for your actual or alleged breaches of these Terms in regards to: (i) your harassment of other users of the Site; and (ii) unauthorized use of Company’s intellectual property.
- NOTICE: All legal notices to Company or you pursuant to these Terms will be in writing and will be delivered by personal delivery or certified mail and will be deemed given upon delivery or sent via email and will be deemed given upon confirmation of receipt. Notwithstanding the foregoing, all legal notices pursuant to these Terms are required to be sent by you to Company to the following email address: firstname.lastname@example.org.
- INTELLECTUAL PROPERTY POLICY: Company respects the intellectual property rights of others and desires to offer a Site that contains no material that violates the intellectual property rights of others. Company has instituted procedures for receiving written notification of claimed intellectual property infringements. If you believe in good faith that your intellectual property rights have been infringed through use on the Site, you shall notify Company by mail at: Jasper Productions, Inc. c/o Novick Law PLLC, 818 18th Ave., S., 10th Floor, Nashville, TN 37203, and by email at email@example.com, with “Notice of Infringement” in the subject line, which contains:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright (or other intellectual property) interest allegedly infringed;
- A description or identification of the copyrighted work(s) (or other intellectual property interest(s)) that you claim has been infringed;
- A description or identification specifying the location on the Site of the material(s) that you claim is infringing, including all URL addresses;
- Your name, email address, mailing address, and telephone number;
- A statement by you that you have a good faith belief that use of the material in the manner complained is not authorized by the copyright (or other intellectual property) owner, its agent, or the law; and
- A statement by you made under penalty of perjury, that the information in your notice is accurate and that you are the copyright (or other intellectual property) owner or authorized to act on the copyright (or other intellectual property) owner’s behalf.
You acknowledge that if you fail to comply with all of the requirements of this section, your notice will be invalid under these Terms, and potentially other intellectual property laws.
Questions, comments and requests in relation to these Terms are welcome and should be addressed to firstname.lastname@example.org.