01. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and jinIX ("jinIX," "we," "us," or "our"), concerning your access to and use of the jinIX website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). jinIX is based in the United States. By accessing the Site, you agree that you have read, understood, and agree to be bound by all of these Terms of Use.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use. Your continued use of the Site following the posting of any changes constitutes acceptance of those changes.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement. Those who access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
The Site is not tailored to comply with industry-specific regulations (e.g., HIPAA, FISMA), and use of the Site in violation of such laws is prohibited. You may not use the Site in any way that would violate the GLBA.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 may not use or register for the Site.
02. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is the property of Jinix and all source code, databases, software, website designs, audio, video, text, photographs, and graphics (the “Content”), as well as trademarks, service marks, and logos (the “Marks”), are owned or licensed by jinIX and are protected by applicable intellectual property laws. The Content and Marks are provided for your personal, non-commercial use only.
Except as expressly stated, no part of the Site or its Content may be copied, reproduced, distributed, or otherwise used for any commercial purpose without our prior written permission. You are granted a limited license to access and use the Site for personal, non-commercial purposes.
03. USER REPRESENTATIONS
By using the jinIX website (the "Site"), you represent and warrant that:
You have the legal capacity and you agree to comply with these Terms of Use;
You are not a minor in the jurisdiction in which you reside;
You will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
You will not use the Site for any illegal or unauthorized purpose;
Your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
04. TERM, TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, JINIX RESERVES THE RIGHT TO, IN ITS SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. JINIX MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN ITS SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you are acting on behalf of the third party. In addition to termination or suspension, jinIX reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Upon termination of these Terms of Use: (i) all your rights under these Terms immediately terminate; (ii) you remain responsible for all fees and charges incurred through the date of termination; and (iii) Sections 4–11 will survive and remain enforceable.
05. MODIFICATIONS AND INTERRUPTIONS
jinIX reserves the right to change, modify, or remove the contents of the Site at any time or for any reason at its sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We are not liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will always be available. We may experience hardware, software, or other issues or need to perform maintenance, resulting in downtime, delays, or errors. You agree that jinIX has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any interruptions. Nothing in these Terms obligates jinIX to maintain or support the Site or provide updates or releases.
06. GOVERNING LAW
These Terms shall be governed by and defined following the laws of the United States. You irrevocably consent that the courts of the United States shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
07. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
08. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
09. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
10. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
11. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Email: contact@jinix.io