Terms

JSM Applications, Inc.

Terms of Service
Last modified December __, 2021

These Terms of Service (the “Terms”) constitute a binding agreement between you and JSM Applications, Inc. (“JSM,” “we,” or “us”) with respect to your access to or use of the Service (as defined herein). The Service is offered subject to your acceptance, without modification, of all terms and conditions set forth herein. 

PLEASE READ THESE TERMS CAREFULLY. BY CLICKING “I ACCEPT” OR BY ACCESSING OR USING THE SERVICE IN ANY MANNER, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND BY SUCH OTHER TERMS, CONDITIONS, POLICIES, AND DOCUMENTS THAT MAY BE INCORPORATED HEREIN BY REFERENCE, INCLUDING, WITHOUT LIMITATION, THE JSM PRIVACY POLICY, AND (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE). IF YOU DO  NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE. 

THESE TERMS MAY REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS, IN ACCORDANCE WITH THE TERMS OF SECTION 22 (ARBITRATION; JURY WAIVER; CLASS ACTION WAIVER) BELOW. 

JSM MAY REFUSE ACCESS TO OR USE OF THE SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THESE TERMS. THESE TERMS ARE VOID WHERE PROHIBITED BY LAW, AND ANY RIGHTS TO ACCESS OR USE THE SERVICE ARE REVOKED IN SUCH JURISDICTIONS.

• THE SERVICE. JSM operates an online service through its mobile software application known as EyesOn (the “App”) and through its website with a homepage at eyeson.co, including such subdomains and other websites as JSM may designate from time to time (the “Site”), including all features, content, tools, applications, application program interfaces, widgets and other tools and services included on the App or Site (collectively, the “Service”), which Service allows users to search for and access information regarding travel destinations, restaurants, attractions, and similar topics, including through use of JSM’s visual search tool.   
• CHANGES TO THE AGREEMENT.  JSM reserves the right to modify or change these Terms at any time and in its sole discretion. Any modifications or changes will be effective immediately upon posting on the App and the Site, unless otherwise specified in the updated Terms. Your continued access to and use of the App, the Site, or the Service confirms your acceptance of these Terms and any changes or modifications made thereto. You should review these Terms and the Privacy Policy frequently and ensure you understand all terms, conditions, and policies applicable to your access to and use of the App, the Site, and the Service.
• ACCESS TO THE SERVICE.  Subject to and conditioned upon your compliance with the provisions of these Terms, JSM hereby grants to you a personal, revocable, limited, non-transferable, non-exclusive right to use the features and functionality of the Service to download the App onto your mobile device and use the App solely for your personal, non-commercial use. JSM may suspend or terminate your access to the Service or any component thereof at any time and for any reason, including if JSM determines you have violated these Terms in any manner. We may modify, terminate, or replace the App, the Site, and/or the Service from time to time in our sole discretion and without prior notice to you.
• [USER ACCOUNTS.  In order to access and use the Service or certain features thereof, you may be required to establish a JSM profile and user account (a “User Account”). You must provide true, accurate, current, and complete information as prompted by the applicable registration form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your User Account, regardless of who conducts those activities. You are responsible for maintaining the confidentiality of any user IDs, passwords and other credentials associated with your User Account, and shall immediately notify JSM of any actual or suspected unauthorized access to or use of your User Account or any associated user IDs, passwords, or other credentials. You will cooperate fully with JSM and take all actions that JSM reasonably deems necessary to maintain or enhance the security of the Service or JSM’s computing systems and networks and your access to the Service. JSM is not and shall not be deemed liable for any loss or damage to you arising from your failure to comply with this Section 4]. 
• YOUR CONTENT.  

1. 1. User Content. The Service may permit you to upload images (including, without limitation, photos taken by your mobile device) for purposes of utilizing the JSM visual search tool and other Service features. As between you and JSM, you are solely responsible for any such images and for any other information, data, materials, trademarks, tradenames, images, logos, and other content that you upload, input, or post to or in connection with the Service (collectively, “User Content”), and for the accuracy, quality, integrity, legality, reliability, and appropriateness of such User Content. Without limiting the generality of the foregoing, you shall not upload, input or post any User Content or other information, materials or content that (i) infringes the intellectual property rights, rights of privacy or publicity, or other proprietary rights of any third party, (ii) you know to be inaccurate, incomplete, or incorrect, (iii) violates any applicable law, (iv) is, or is likely to be considered, immoral, libelous, tortuous, defamatory, threatening, vulgar, or obscene or harmful to minors, or (v) contains any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code. Additionally, you represent and warrant to JSM that, with respect to any images or other User Content in which any individual is pictured or recorded (audially or visually), you have or have obtained all permissions and consents from such individual (including any minor) necessary for you to properly comply with these Terms, to grant the license set forth in Section 5(b), and to otherwise access and use (and permit the access and use of) such User Content as contemplated hereunder. 
   2. License to User Content. You hereby grant to JSM a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up, and fully sublicensable right (including any moral rights) and license to use, store, copy, distribute, publicly perform, communicate to the public, host, stream, publicly display, modify, and create derivative works of any User Content for any and all JSM business purposes, including to operate the Service and to make the Service available to JSM users.  You represent and warrant to JSM that you have all rights necessary to grant the rights and licenses granted to JSM under these Terms.
   3. JSM Obligations. You acknowledge and agree that JSM does not, nor is it obligated to, monitor or police any communications or data, information, materials, or content (including User Content and Participant Content (as defined below)) transmitted through or posted to the App, Site, or Service, and JSM will not be responsible for such data, information, materials, or content (including User Content or Participant Content). Notwithstanding the foregoing, however, JSM may, at its option and in its sole discretion, monitor and review or remove or delete from the App, the Site, or the Service any data, information, materials, or content (including any User Content or Participant Content) that JSM determines violates these Terms in any manner.

• [CONTENT FROM OTHER USERS. The Service contains content provided by other JSM users (“Participant Content”). JSM is not responsible for and does not control Participant Content, including, without limitation, the accuracy or completeness of the same. You acknowledge and agree that your use of Participant Content is at your own risk. Any opinions, recommendations, offers, advice, or other information disseminated through Participant Content are those of the respective user, and JSM shall have no responsibility or liability with respect to the same.  JSM does not attempt to verify the accuracy or completeness of any Participant Content, and JSM makes no representations or warranties to you, and shall not be liable to you for, the conduct of its users or for any Participant Content. If you believe that another user has violated these Terms, including, without limitation, with respect to Participant Content, please promptly report the violation to JSM using the reporting functionality available in the App.] 
• RESTRICTIONS.  You agree to use the Service solely for your personal, non-commercial use, in accordance with all documentation relating to the Service made available by JSM (as the same may be updated from time to time), and in accordance with all applicable law. You shall not: (i) copy, reproduce, frame, mirror, modify, decompile, disassemble, create derivative works based on, or reverse engineer the Service or any associated software or materials (except to the extent that applicable law prohibits or restricts reverse engineering restrictions); (ii) copy, modify, create derivative works of, retransmit, sell, license, exploit, reuse, repost, broadcast, or otherwise distribute any content made available to you through the Service, including without limitation, Participant Content; (iii) provide any third parties with access to any of the Service, or use any of the Service for time sharing or similar purposes for the benefit of any third party; (iv) sell, resell, rent or lease the Service; (v) remove any copyright or proprietary notices contained in the Service or any output thereof; (vi) breach, disable or tamper with, or develop or use (or attempt) any workaround for, any security measure provided or used by the Service; (vii) scrape or access the Service via any bot, web crawler or non-human user; (viii) access or use (or permit a third party to access or use) the Service for any unlawful purpose or for purposes of monitoring the availability, performance or functionality of the Service or for any other benchmarking or competitive purposes; (ix) misrepresent your identity; (x) stalk or harass any other user of the Service; (xi) attempt to gain unauthorized access to the Service or any related systems, software or networks; (xii) access the Service in order to build a competitive product or service, or copy any features, functions or graphics of the Service; (xiii) use the Service to transmit viruses or malicious code; or (xiv) make any use of, or take any other action with respect to, the App, the Site, or  the Service or any component thereof in a manner that violates applicable law or any provision of these Terms.  
• APP STORE TERMS. With respect to any App accessed through or downloaded from the Apple App Store, Google Play Store, or any similar store or marketplace (each, an “App Store”), you agree to comply with all applicable terms and conditions of such App Store.
• APP USE. When you access the Service through the App, you may incur a fee for data usage or other costs from your wireless provider. You agree that you are solely responsible for your use of the Service on your mobile device and adherence to your wireless provider’s terms and conditions.
• TERM AND TERMINATION.  These Terms shall remain in full force and effect while you use or have access to the Service. JSM may terminate or restrict your access to any or all of the Service [or your User Account], for any reason, and without warning, and JSM reserves the right to discontinue or modify any aspect of the App, the Site, or the Service at any time. Any termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. 
• FEES. JSM does not currently charge fees for use of the Service. However, you acknowledge and agree that JSM reserves the right, in its sole discretion, to charge you for use of the Service, including for certain premium features or functionality thereof. Please note that we will provide notice of the introduction of any fees via the App and the Site prior to any implementation of the same. 
• PRIVACY. You acknowledge and agree that information collected by JSM is subject to our Privacy Policy. By accessing or using the Service, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.
• INTELLECTUAL PROPERTY.

1. 1. JSM Intellectual Property. As between you and JSM, the App, the Site, and the Service, and all software and other technologies embodied in or used to provide any of the foregoing, and all intellectual property rights therein or relating thereto, are and shall remain the exclusive property of JSM. No rights are granted to you other than as expressly set forth herein.
   2. User Content. As between you and JSM, but subject to Section 5(b) hereof, you own all right, title and interest in and to the User Content.
   3. Feedback. To the extent you provide JSM with any suggestions, feature requests, evaluation results, feedback, or other input in relation to any aspect of the App, the Site, or the Service (collectively, “Feedback”), you hereby assign and agree to assign to JSM all right, title and interest in and to such Feedback, including any intellectual property rights therein, and agree that JSM will be free to use such Feedback in any manner, including by implementing such Feedback in the App, the Site, the Service, and/or JSM’s other technologies, products and services, without compensation or other obligation to you.
   4. Data Use. Without limiting any of JSM’s other rights hereunder, JSM shall have the right to collect, examine, extract, model, manipulate, aggregate, collate, analyze, create analysis using, reproduce and otherwise use, on a de-identified basis, any information, including, without limitation, usage information, that JSM learns, acquires or obtains in connection with these Terms or its provision of the Service, within the scope of its regular business operations, including, without limitation, (i) developing, operating, and ensuring the integrity of data sets, algorithms or other analytical tools, (ii) testing, implementing, benchmarking, integrating, developing, optimizing or improving JSM software and other products and services, and (iii) marketing, distributing, or otherwise making JSM products and services available to its customers. 

•  THIRD PARTY APPLICATIONS. Through the JSM visual search tool and other Service tools and functionality, the Service may, in response to your search queries or otherwise, direct you to, contain links to, or otherwise utilize or allow you to access third party websites, applications and services (“Third Party Services”) that are not owned or controlled by JSM. When you access third party websites or other Third Party Services, you do so at your own risk.  JSM encourages you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each third-party website or other Third Party Service (“Third Party Terms”) that you visit or from which you access any product, service, information, or other content. JSM has no control over, and assumes no responsibility for, the content, accuracy, completeness, Third Party Terms, or practices of any third-party website or other Third Party Service. In addition, JSM will not and cannot monitor, verify, censor, or edit the content of or any information made available through any third-party website or Third Party Service. When you visit or use a third party’s website or other Third Party Service, you acknowledge that such website or Third Party Service is subject to the applicable Third Party Terms, and you release us from any liability arising from your use of such websites or Third Party Service, including, without limitation, any information or content made available thereon. You acknowledge that we are not responsible for such third parties or their products, services, websites, content, or other users. Any such activities or interactions, and any Third Party Terms associated with the same, are solely between you and the applicable third party.
• DISCLAIMER OF WARRANTIES. THE APP, THE SITE, AND THE SERVICE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND JSM HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT. NEITHER JSM NOR ANY PERSON ASSOCIATED WITH JSM MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP, THE SITE, OR THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER JSM NOR ANYONE ASSOCIATED WITH JSM REPRESENTS OR WARRANTS THAT THE APP, THE SITE, OR THE SERVICE, OR ANY RESULTS GENERATED THEREFROM OR CONTENT OR INFORMATION MADE AVAILABLE THERETHROUGH, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APP, THE SITE, OR THE SERVICE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP, THE SITE, OR THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. JSM MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR, THE ACTIONS OF OTHER USERS OF THE SERVICE, ANY PARTICIPANT CONTENT, OR ANY THIRD PARTY SERVICE, INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY WEBSITE OR ANY INFORMATION OR OTHER CONTENT MADE AVAILABLE THERETHROUGH. AS BETWEEN YOU AND JSM, YOU ASSUME ALL RISK IN CONNECTION WITH YOUR USE OF, INTERPRETATION OF, AND RELIANCE ON THE APP, THE SITE, AND THE SERVICE, AND ALL CONTENT AND RESULTS GENERATED THEREBY OR AVAILABLE THERETHROUGH. 
• INDEMNITY. You agree to indemnify, defend, and hold JSM and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms, including, but not limited to, any access to or use of the App, the Site, or the Service in any manner not expressly authorized hereunder; (b) any claim that the User Content infringes, misappropriates, or otherwise violates the intellectual property rights or rights of privacy of any third party; (c) your negligence or willful misconduct; and (d) your breach of any applicable law, rule, or regulation or your violation of the rights of any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action.
• LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL JSM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE APP, THE SITE, OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF DATA, DAMAGE TO OR LOSS OF PROPERTY, OR PERSONAL INJURY OR DEATH, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, JSM IS FOUND LIABLE FOR ANY LOSS OR DAMAGE UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS OR ITS PROVISION OF THE SERVICE, IN NO EVENT WILL JSM’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO JSM IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM. If you are not satisfied with the App, the Site, or the Service, your sole and exclusive remedy is to cease all access to and use of the App, the Site, and the Service.

Some jurisdictions do not allow the limitation of liability for incidental or consequential damages or other damages or liability, so the foregoing limitations may not apply to you. To the extent that in a particular circumstance any limitation on damages or liability set forth in this Section is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, JSM shall be entitled to the maximum limitations on damages and liability available at law and equity in that particular circumstance.

You and JSM understand and agree that the disclaimers, exclusions, and limitations in this Section 17 and in Section 15 are essential elements of these Terms and that they represent a reasonable allocation of risk. In particular, you understand that JSM would be unable to make the App, the Site, or the Service available to you except on these terms and agree that these Terms will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

• DIGITAL MILLENNIUM COPYRIGHT ACT. 

JSM is committed to respecting and protecting the legal rights of copyright owners in accordance with the Digital Millennium Copyright Act (Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.)).  If you believe any content infringes your intellectual property rights, please submit a notice to us describing such infringement (a “DMCA Takedown Notice”) with the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
• Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, email address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Any DMCA Takedown Notice should be sent to: info@eyeson.co.  You acknowledge that for JSM to be authorized to takedown any content, your DMCA Takedown Notice must comply with all of the requirements of this Section.

• SERVICE SUPPORT. If you encounter technical problems when using the Service, please email support@eyeson.co.
• PROHIBITED COUNTRIES POLICY AND FOREIGN TRADE REGULATION. Neither the App nor its underlying technology may be downloaded to or exported or re-exported: (a) into (or to a resident or national of) any country subject to United States embargo; (b) to anyone on the U.S. Department of the Treasury’s list of Specially Designated Nationals or on the U.S. Department of Commerce’s Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by U.S. export laws. When using the App, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., 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, and you are not listed on any U.S. government list of prohibited or restricted parties).
• OPERATION FROM THE UNITED STATES. The Service is hosted by servers located in the United States. Using the Service may be prohibited or restricted in certain other countries.  If you use the App, the Site, or the Service from outside of the United States, you are responsible for complying with the laws and regulations of the applicable territory.  Without limiting the foregoing, if you attempt to use the App, the Site, or the Service from a physical location in the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the App, the Site, or the Service, which is governed by U.S. law and these Terms (including the JSM Privacy Policy): (a) you are transferring your personal information to the United States; (b) you hereby consent to such transfer and to the application of the laws of the United States and the State of California with respect to any dispute arising from or related to the Privacy Policy and your use of the App, the Site, or the Service, and to the exclusive jurisdiction of the courts of the United States and the State of California .
• ARBITRATION; JURY WAIVER; CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY.  IT IMPACTS THE RIGHTS THAT YOU MAY OTHERWISE HAVE.  IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF TRIAL COURTS AND CLASS ACTIONS.  THIS “ARBITRATION; JURY WAIVER; CLASS ACTION WAIVER” SECTION SURVIVES ANY EXPIRATION OR EARLIER TERMINATION OF THESE TERMS.

Informal Dispute Resolution. As a condition precedent which must be satisfied prior to initiating any arbitration or other action against the other party, both you and JSM agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to the App, the Site, or the Service, or the breach, enforcement, interpretation, or validity of these Terms (“Claim“), the party asserting the Claim must first try in good faith to settle such Claim by providing written notice, by first class or registered mail, to the other party describing the facts and circumstances (including any supporting documentation) of the Claim.  The party asserting the Claim must allow the receiving party 30 days in which to respond to or settle the Claim.  

For purposes of this Section, notices must be sent as follows:

• If to JSM: to
  608 Norris Canyon Terrace 
  San Ramon, CA 94583. 

  , with a copy emailed to info@eyeson.co.

• If to you: [to any physical mailing address associated with your User Account,] or to any such other physical mailing address from which we have received correspondence from you or as we may reasonably determine to be associated with you.

Arbitration. To the extent you cannot resolve any Claim through the informal dispute resolution procedure set forth above, and except as otherwise set forth herein, a Claim must be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under these Terms and with respect to any Claim. You and JSM each expressly delegate to the arbitrator the authority to determine the arbitrability of any Claim, including the scope, applicability, validity, and enforceability of this arbitration provision.

To begin an arbitration proceeding, you must send a written request to JSM at: [ADDRESS], with a copy emailed to info@eyeson.co. You agree that the arbitration will be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In accordance with the AAA Rules, you must also send a copy of your written demand for arbitration to AAA when submitting your request to JSM. In the event that the AAA is unable or unwilling to initiate arbitration within fourteen (14) days of receiving a demand for arbitration, arbitration may be conducted by JAMS, Inc. (in accordance with its Streamlined Arbitration Rules & Procedures) or by any other mutually agreeable arbitration administration service. You and JSM each agree that these Terms evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law and will not be governed by state law. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms as a court would. Any arbitration shall be confidential, and neither you nor JSM may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

In lieu of arbitration, and notwithstanding anything in this Section to the contrary, either you or JSM may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, but only if it is brought and maintained as an individual claim.  Additionally, and notwithstanding anything herein to the contrary, nothing in this Section shall prohibit you or JSM from seeking temporary injunctive relief in a court of competent jurisdiction to prevent an imminent or stop an actual breach of these Terms.

Class Action and Jury Waiver. You and JSM each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and JSM that this class action waiver is unenforceable, the arbitration agreement set forth above will be void as to you. If for any reason a Claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE APP, OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

• MISCELLANEOUS. 

1. 1. Service Availability.  You agree and acknowledge that the App, the Site, and/or the Service may be temporarily unavailable due to maintenance or other development activities.  JSM will use commercially reasonable efforts to provide you with advance notice of any such unavailability, but shall not have any liability to you for any planned or unplanned unavailability or downtime.
   2. Force Majeure. We will not be liable for any delay or failure in the performance of our obligations under these Terms if the delay or failure is due to any cause outside of our reasonable control.
   3. Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder to any other person without JSM’s prior written consent. Any purported assignment in violation of this paragraph is void and of no effect. JSM may assign these Terms or its obligations hereunder without restriction. These Terms shall be binding on the parties and their permitted successors and assigns. A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
   4. Governing Law and Venue. These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the [State of California ], other than such laws and case law that would result in the application of the laws of a jurisdiction other than the [State of California ]. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in [California].  
   5. Notices. Except as otherwise expressly set forth above, any notice under these Terms by any party to another party must be in writing and sent by email, or, in the case of notification to you, via the App, and will be deemed to have been given upon transmission. Notices to JSM must be sent to info@eyeson.co. Notices to you will be sent to [any email address associated with your User Account, or through any in-App messaging means.] For contractual purposes, you consent to receive communications from us in electronic form and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically (including, without limitation, via email or any in-App messaging means) satisfy any legal requirement that such communications be in writing.
   6. Severability and Waiver. If any part or provision of these Terms is held by a court of competent jurisdiction to be invalid, unenforceable, or in conflict with the law, that part or provision shall be replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision, and the remainder of these Terms will continue in full force and effect. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If we waive any breach of these Terms, such waiver will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
   7. Entire Agreement. These Terms, together with the Privacy Policy, constitute the sole and entire agreement between you and JSM with respect to the subject matter hereof, and supersede and extinguish all prior agreements, representations (whether oral or written), and understandings regarding such subject matter. The provisions of the following Sections of these Terms will survive any termination hereof: Sections 4 (with respect to the final sentence thereof), 5-10, 12-18, and 20-23.

For more information or other questions, please contact our customer support team by email at info@eyeson.co. You may report a complaint, if you are a resident of California, to the Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs by telephone at (800) 952-5210 or by mail at 400 R Street, Sacramento, CA 95814, United States.

JSM Applications, Inc.

Website Terms of Use
Last modified December __, 2021

These Website Terms of Use (“Terms of Use”) are entered into by and between you and JSM Applications, Inc. (“Company,” “we,” or “us“), and govern your access to and use of our website at eyeson.co, including any subdomains of the same and any content, functionality, and services offered on or through such website (the “Website“).

Please read these Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time we may restrict access to some parts of the Website, or the entire Website.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all photographs, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than as set out in this section, please address your request to: info@eyeson.co.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them or us to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Changes to the Website

We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on the Website is subject to our Privacy Policy, found at Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the Website.
• Send emails or other communications with certain content, or links to certain content, on the Website.
• Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the state or federal courts located in Alameda, California . You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@eyeson.co.