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TERMS, CONDITIONS AND NOTICES AGREEMENT
BETWEEN USER AND JOHNSJOHNTM.
This Web site is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices.
<%=fontX(2,1,cText)%>PERSONAL AND NON-COMMERCIAL USE LIMITATION
This Web site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of this Web site are: Copyright � 2001 JohnsJohn and/or its suppliers, Sacramento, California USA. All rights reserved. Patent Pending.
Other product and company names mentioned herein may be the trademarks of their respective owners.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND/OR SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JohnsJohn AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME.
JohnsJohn AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. JohnsJohn AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL JohnsJohn AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND/OR SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF JohnsJohn OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO UNLAWFUL OR PROHIBITED USE:
As a condition of your use of this Web site, you warrant to JohnsJohn that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
LINKS TO THIRD PARTY SITES:
This Web site may contain hyperlinks to Web sites operated by parties other than JohnsJohn. Such hyperlinks are provided for your reference only. JohnsJohn does not control such Web sites, and is not responsible for their contents. JohnsJohn inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites.
USE OF BILLBOARDS, BULLETIN BOARD, CHAT ROOMS, AND OTHER COMMUNICATIONS FORUMS:
If this Web site contains billboards, bulletin boards, chat rooms, or other message or communication facilities (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
a. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a JohnsJohn official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
h. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users;
n. advertise or offer to sell any goods or services through this web site without the prior approval of JohnsJohn.
JohnsJohn reserves the right to deny in its sole discretion any user access to this Web site or any portion thereof without notice.
SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to download from this Web site ("Software") is the copyrighted work of JohnsJohn and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a license agreement, JohnsJohn hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions, and for no other purpose.
Please note that all Software, including without limitation all HTML code and ActiveX controls contained in this Web site, is owned by JohnsJohn and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
This agreement is governed by the laws of the State of California, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Sacramento County, California, USA, in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and JohnsJohn as a result of this agreement or use of this Web site.
JohnsJohn�s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of JohnsJohn�s right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by JohnsJohn with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
This agreement constitutes the entire agreement between the customer and JohnsJohn with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and JohnsJohn with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
TERMINATION OF SERVICE TO PUBLIC
You agree that JohnsJohn, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if JohnsJohn believes that you have violated or acted inconsistently with the letter or spirit of the "terms of use." JohnsJohn may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this "terms of use" may be effected without prior notice, and acknowledge and agree that JohnsJohn may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that JohnsJohn shall not be liable to you or any third-party for any termination of your access to the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that JohnsJohn shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
TRADEMARK INFORMATION
JohnsJohn, "Lookin� for a John?," "When you gotta go!," "Your ultimate travel experience!," the JohnsJohn logo, and other JohnsJohn logos and product and service names are trademarks of JohnsJohn (the JohnsJohn Marks). Without JohnsJohn�s prior permission, you agree not to display or use in any manner, the JohnsJohn Marks.
COMPANY POLICY
We at JohnsJohn value your opinion and welcome comments and questions about our services. To better serve you, we request that you keep your questions and comments about our services as specific as possible. You are requested to not submit any creative ideas, suggestions or materials. Our policy at JohnsJohn does not allow us to accept or consider creative ideas, suggestions or materials other than those we have specifically requested. We at JohnsJohn wish to avoid any misunderstandings that might arise if you send creative work similar to projects in development or being used by JohnsJohn. Therefore, it is very important that you refrain from sending us any original creative materials, such as new product ideas or manuscripts. Keep in mind, if you choose to ignore our request and do send us any new product ideas, manuscripts or other creative material, all rights to such materials will become the exclusive property of JohnsJohn and we will have no obligation whether to compensate you or to keep such materials confidential. Also, we may not be able to respond to all of our Email but we will make every attempt possible to do so.
GENERAL INFORMATION
The terms of use constitute the entire agreement between you and JohnsJohn and govern your use of the service, superseding any prior agreements between you and JohnsJohn. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The terms of use and the relationship between you and JohnsJohn shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and JohnsJohn agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Sacramento, California. The failure of JohnsJohn to exercise or enforce any right or provision of the terms of use shall not constitute a waiver of such right or provision. If any provision of the terms of use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms of use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the terms of use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of JohnsJohn or any third party, except for the right of use license expressly set forth in these terms and conditions.
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Copyright � 2001 JohnsJohn�. All Rights Reserved.
Patent Pending. |