JDS ERP ("we", "us", or "our") provides websites, applications, and services (collectively, the "Service"), including any features, updates, or content, to you subject to these Terms of Service ("TOS"). By accessing or using the Service, you agree to be bound by these TOS and our Privacy & Cookie Policy. If you do not agree, do not use the Service.
Definitions
For clarity in these TOS:
- Service: Any website, application, feature, or functionality provided by JDS ERP.
- Content: Any data, text, software, images, or other material uploaded, posted, or transmitted by you.
- User: Any individual accessing or using the Service.
Eligibility
By using the Service, you represent that you are at least 18 years old and legally competent to use the Service, or that you are the parent or legal guardian of a minor for whom you are creating an account. You are responsible for supervising any minor using the Service under your account.
Accounts & Registration
If you register for an account, you agree to provide accurate, current, and complete information, and to update it as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account, whether authorized or not. Notify us immediately of any unauthorized use.
We may access, preserve, and disclose account information when required by law, to enforce these TOS, respond to claims, detect fraud, protect our rights, or ensure the safety of our users or the public.
Use of Service
You agree not to use the Service to:
- Upload or transmit unlawful, harmful, abusive, obscene, infringing, or objectionable content.
- Violate any applicable law or regulation.
- Impersonate any person or entity, or misrepresent your affiliation.
- Upload viruses, malware, or other harmful software.
- Interfere with or disrupt the Service, servers, or networks.
- Collect personal data about other users without consent.
- Attempt to gain unauthorized access to any part of the Service or related systems.
- Use automated means to copy, scrape, or data mine the Service without permission.
Your account is personal and non-transferable. We may limit, suspend, or terminate accounts or content for violations of these TOS, typically with notice, but we reserve the right to act without prior notice if necessary.
Content
You are solely responsible for the Content you upload, post, or transmit. JDS ERP does not control and cannot guarantee the accuracy, integrity, or quality of Content. By posting Content, you grant JDS ERP a worldwide, royalty-free, transferable, non-exclusive license to use, display, and distribute the Content in connection with operating, promoting, and improving the Service.
We may remove Content that violates these TOS, infringes on others' rights, is unlawful, or is otherwise objectionable. We are not responsible for third-party content or external sites linked through the Service.
Intellectual Property
All rights, title, and interest in and to the Service, including software, trademarks, logos, trade dress, and other proprietary rights, belong to JDS ERP and its licensors. You are granted a limited, non-transferable license to use the Service as provided. Unauthorized use of our intellectual property is prohibited.
We respect the intellectual property of others. To report alleged copyright infringement, follow the DMCA process as outlined in our TOS or DMCA guidelines.
Privacy & Cookies
Use of the Service is subject to our Privacy & Cookie Policy, including how we collect, use, and store your Personal Information, and your rights under GDPR and CPRA. By using the Service, you consent to our collection and use of data as described in the Policy. Our Service may use cookies and analytics tools to improve functionality and user experience.
Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. JDS ERP DOES NOT GUARANTEE UNINTERRUPTED, SECURE, OR ERROR-FREE ACCESS, AND DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR RESULTS OF USE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, JDS ERP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES EXCEEDING $1,000 ARISING FROM USE OF THE SERVICE. SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS; IN SUCH CASES, LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED.
Arbitration & Governing Law
Any dispute under these TOS will first be attempted to resolve informally. If unresolved, disputes will be resolved through binding arbitration under the American Arbitration Association (AAA) rules, except for matters relating to data security or intellectual property, which may be brought in court. To initiate arbitration, send written notice to JDS ERP, 3261 N Placita De Coronado, Tucson, AZ 85749.
These TOS are governed by the laws of the State of Arizona, USA. BY USING THE SERVICE, YOU AND JDS ERP WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS.
International Use
The Service is based in the United States. Users accessing the Service from other locations are responsible for compliance with local laws and export restrictions.
Termination
We may suspend or terminate your account at any time, with or without cause, including violations of these TOS, fraudulent or illegal activity, or inactivity. Termination is without liability to you and does not limit other rights or remedies available to JDS ERP.
Changes to Terms
We may update these TOS from time to time. Any updates will be posted on this page with a revised effective date. Material changes — including changes to privacy, data collection, pricing, or features — will be clearly highlighted. In such cases, we may also notify you by email. Your continued use of the Service after updates constitutes acceptance of the revised TOS.
Severability
If any provision of these TOS is held invalid or unenforceable, the remainder shall continue in full force and effect.
Contact
Questions about these TOS may be directed to: privacy@jonathanshacter.com.