This Agreement contains the complete terms and conditions that apply to your participation as a user of Jimmy Surf (the "Program") operated by SurfProtect, LLC As used in this Agreement, "we" or "us" or "Jimmy Surf" means SurfProtect, LLC, "you" or "your" means the applicant/participating member/user.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND JIMMY SURF. BY JOINING OUR SERVICE YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE 1) READ AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN AND 2) ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND 3) YOU AGREE TO BE BOUND BY THE TERMS HEREOF. YOU CANNOT BECOME A USER OF JIMMY SURF UNLESS YOU HAVE ACCEPTED EACH AND EVERY TERM HEREOF.
1. Service to be provided by Jimmy Surf.
Jimmy Surf will provide a service that assists in privacy matters related to the Web surfing experience.
2. User Conduct/Responsibilities.
User understands that all information whether publicly posted or privately transmitted over the Internet is the sole responsibility of the person from which such information comes. You, the customer, must take total responsibility for all material acquired through the site. Jimmy Surf cannot and does not guarantee the quality, integrity, or accuracy of such information.
3. Indemnification.
3.1 User shall indemnify and hold Jimmy Surf and its officers and employees harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of material transmitted or made available by customer through the site.
3.2 User shall indemnify and hold Jimmy Surf and its officers and employees harmless from any claim or demand, including reasonable attorney fees, made by any third party and arising out of any hardware or software contamination caused by the customer using the site.
4. LIMITATION ON LIABILITY.
JIMMY SURF WILL NOT BE LIABLE TO THE CUSTOMER OR TO ANY THIRD PARTY WITH RESPECT TO ANY LOSS OR DAMAGE, INCLUDING DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGE ARISING OUT OF OR RESULTING FROM OR IN CONNECTION WITH THE PROVISION OF SERVICES UNDER THIS AGREEMENT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
5. DISCLAIMER OF WARRANTIES.
5.1 CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT USE OF THE SITE IS AT ITS SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JIMMY SURF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING SPECIFICALLY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
5.2 JIMMY SURF MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR EXPECTATIONS, THAT SERVICE WILL BE UNINTERRUPTED, AND THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
5.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OCCASIONED THEREBY.
5.4 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 4 AND 5 MAY NOT APPLY TO YOU.
6. Modification.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, Affiliate Program rules, and Jimmy Surf user terms. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, the inclusion of your account information in our databases, or your participation in using the Jimmy Surf application following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change. Any change to this agreement also applies to any use of Jimmy Surf after termination of this agreement, especially in regards to competing with the company in business. Modification to users' account information is solely the responsibility of the user. Jimmy Surf is only responsible for modifying users' account information if we receive a request to do so from the user via electronic mail. Jimmy Surf is not responsible for seeking out updated contact information from the users. Miscommunication or failure to terminate an account due to loss of a current communication vehicle is the responsibility of the user.
7. These terms apply to:
anyone who has ever used the Jimmy Surf application for any purpose including, but not limited to: Use for surfing the Web, use in a reseller relationship, use in reviewing the Jimmy Surf application, use in evaluating the Jimmy Surf application, or for any other use whatsoever. Reverse engineering the Jimmy Surf software, modifying the software, competing in business in any way with Jimmy Surf or SurfProtect, is not allowed as per this agreement and this paragraph. If you accept the terms of this agreement you will not directly or indirectly compete with the business of the Company and its successors during and after the period of your affiliation with our Company. The term "not compete" as used herein shall mean that you shall not own, manage, operate, consult or be employed in a business substantially similar to, or competitive with, the present business of the Company or such other business activity in which the Company may substantially engage during the term of affiliation. You acknowledge that the Company shall or may in reliance of this agreement provide you with access to trade secrets, customers and other confidential data and good will. You agree to retain said information as confidential and not to use said information on your own behalf or disclose the same to any third party. This agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns, and personal representatives. In the event that this agreement is terminated by either party, this no-compete clause still holds true for a period of 15 years.
8. Termination of accounts.
The company reserves the right to reject or terminate your account at any time. Users agree to a minimum of a one year subscription, after which account termination must be requested by user. Jimmy Surf is not responsible for updating users on the length of their subscription period. It is the users' responsibility to request a termination of subscription. Termination must be requested by electronic mail to billing@jimmysurf.com or jimmy@jimmysurf.com. A confirmation e-mail will be sent in reply to account termination requests. The confirmation e-mail serves as the proof of cancellation and that such request was received and processed. Jimmy Surf is not responsible for termination requests that were not received via electronic mail.
9. As a user of Jimmy Surf you hereby agree:
not to directly or indirectly compete with the business of the Company and its successors during and after the period of your use of Jimmy Surf. The term "not compete" as used herein shall mean that you shall not own, manage, operate, consult or be employed in a business substantially similar to, or competitive with, the present business of the Company or such other business activity in which the Company may substantially engage during the term of use. You acknowledge that the Company shall or may in reliance of this agreement provide you with access to trade secrets, customers and other confidential data and good will. You agree to retain said information as confidential and not to use said information on your own behalf or disclose the same to any third party. This agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns, and personal representatives. In the event that this agreement is terminated by either party, this no-compete clause still holds true for a period of 15 years. At no point in time will you ever modify, copy, or compete with the Jimmy Surf software. You will never compete with Jimmy Surf or SurfProtect, LLC in the industry of online privacy, pop-up protection, or any business whatsoever involving SurfProtect, LLC. Downloading our software from our servers, using the application from your computers or the computers of your employers, and submitting your information or your employer's information stored in our database shall constitute agreement to these terms.
10. Purchasing.
The Jimmy Surf Service is given to you on a subscription basis. Depending on the subscription package you purchase you will be billed on a monthly, quarterly, or yearly basis. Your subscription guarantees free access to upgrades. There is no additional fee for upgrades, as a subscriber. By participating in the program, you will become a subscriber to Jimmy Surf, and monthly, quarterly, or annual billings will be automatically activated at the rate which you registered for Jimmy Surf. Jimmy Surf has the right to change the billing rate on a year to year basis; new billing rates will only apply to new subscribers. If you are, in any way, unsatisfied with Jimmy Surf, you must notify us via email within 7 calendar days of the original registration date to qualify for a refund. Users are eligible for refunds ONLY within 7-days of registration; after the seven day no-questions-asked refund period, you agree to enter into a one year contract with Jimmy Surf, and your account will be automatically billed depending on the payment terms you agreed to when you registered. If you are no longer eligible for a refund and have requested cancellation, your subscription will be open for the remainder of the payment period. If we do not receive a refund request within 7 days of purchase, you confirm that 1) You have purchased Jimmy Surf and are completely satisfied with its functions, 2) Jimmy Surf is working to your expectations, 3) You fully understand our billing policy and account termination procedures, and 4) You agree to continue using Jimmy Surf until we receive a cancellation by e-mail, after the minimum of a one year contract. Subscriptions will not be canceled due to low-activity. Termination of subscription is the responsibility of the subscriber. If you would like to cancel the service at any time, please contact us via e-mail at billing@jimmysurf.com. Your subscription will remain open and active until you request cancellation via e-mail, regardless of the amount of software usage.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND JIMMY SURF. BY CLICKING ON THE "PURCHASE JIMMY SURF" BUTTON ON OUR PURCHASE PAGE, YOU AFFIRMATIVELY STATE THAT YOU HAVE READ AND UNDERSTOOD OUR TERMS AND AGREE TO BE BOUND BY THE TERMS HEREOF.
