Please read this agreement governing use of Jason's Connection website ("Agreement") carefully to ensure that you understand each provision. This Agreement requires the use of arbitration to resolve disputes and also limits the remedies available to your in the event of a dispute.
This Agreement governs your access to and use of the Jason’s Connection Website (the “Website”) and constitutes a binding agreement between you and Jason’s Connection, an Ohio non-profit corporation (hereinafter “Jason’s Connection”).
The Website is a free online resource that creates the opportunity for members of the disability community to help, support, connect and engage with each other by providing recommendations and referrals on services, resources, and individuals in their community (“Service Providers”) that can help meet the needs of individuals experiencing disability, their family members and caregivers.
By accessing and/or using the Website, you acknowledge that you have read, understood and agree to be bound by all of the terms and conditions contained in this Agreement. The Agreement constitutes a legally binding contract between you and Jason’s Connection.
Jason’s Connection provides access to reviews, recommendations and ratings (collectively, “Reviews”) on a variety of Service Providers specific to the disability community, based on the actual first-hand experiences that other users report they have had with these Service Providers. It also offers you the opportunity to provide your own Reviews on the Service Providers you use or have used. Service Providers can include an individual (such as a doctor or therapist), an agency (such as a school or non profit agency) or a resource (such as a program, event or group) or a for profit or non-profit company.
Upon acceptance of this Agreement, Jason’s Connection grants you a revocable, non-exclusive, non-assignable, limited license to access, view and use the Website and the content of the Website, including but not limited to the Reviews (“Website Content”), solely for your personal use. You acknowledge and agree that you will not reproduce, duplicate, copy, sell, re-sell, redistribute or otherwise exploit the Reviews and other Website Content for any commercial, educational, or any other non-personal purpose, without the express written consent of Jason’s Connection.
In order for you to submit a Review on the Website, you acknowledge and agree that:
(a) all of your Reviews will either be based upon (i) your actual first-hand experience with the Service Providers you are reviewing or (ii) an individual and that individual’s actual first-hand experience with a health care or wellness provider in cases where you have the legal authority to disclose such health information and experience of such individual;
(b) all of your Reviews of the Service Providers that you are evaluating will be accurate, truthful and complete in all respects;
(c) you do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit Reviews (although Service Providers, their volunteers, board members and/or staff may list value-neutral information on their agency or service, such as name, address, phone number and value neutral services descriptions — but MAY NOT create rankings or referrals on their own agency);
(d) you do not work for, own any interest in or serve on the board of directors of any competitors of the Service Providers for which you submit Reviews;
(e) you are not in any way related (by blood, adoption or marriage if the Service Provider is an individual) to any of the Service Providers for which you submit Reviews;
(f) your name (or username) and Review information may be made available to the Service Providers that you review;
(g) you may not be able to withdraw any Reviews you provide, and Jason’s Connection has the right to remove any Review you post in its sole discretion.
You own the Reviews, communications, information, data, text or other materials you provide to the Website (collectively, “Your Content”). However, by providing Your Content to the Website, you automatically grant Jason’s Connection an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, assignable, sub-licensable, transferable, worldwide license to use Your Content for any purpose, including but not limited to copying, performing, displaying, reproducing, adapting, modifying, translating, removing, analyzing, commercializing, distributing and preparing derivative works of Your Content. Such use may be made only in connection with the Website.
Jason’s Connection may make your identifiable information, account information and Your Content available to our employees and third parties with whom we contract for use to handle your account and the operation of the Website. In addition, Jason’s Connection may provide non-personally identifiable aggregate statistics, unique identifiers, demographic and other anonymous information about you and the Service Providers. You agree that Jason’s Connection may make such uses of information you provide or Jason’s Connection collects.
You agree Jason’s Connection may access, preserve and disclose your account information, any information provided by you to Jason’s Connection, including but not limited to Your Content for the purposes described in this Agreement, if required to do so by law or if in good faith, Jason’s Connection believes that such access, preservation or disclosure is reasonably necessary to: (a) comply with any legal process, including but not limited to an enforceable court order or lawful third party subpoena; (b) enforce this Agreement; (c) respond to claims that any of Your Content violates the rights of third parties; or (d) protect the rights, property or personal safety of Jason’s Connection, its users, any Service Providers and/or the public.
In connection with your use of the Website, you represent and warrant that you:
a. Are above the age of eighteen (18);
b. Will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
c. Will not submit Website Content that is false, factually inaccurate or misleading;
d. Will not submit any Reviews that may be considered by Jason’s Connection to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or discriminates against, ridicules, harasses or disparages an individual or group for any reason, or on the basis of race, religion, national origin, gender, sexual orientation, marital status, age, disability or any other status that Jason’s Connection, in its sole discretion, deems inappropriate for the Website.
e. Will submit thorough and thoughtful Reviews of the Service Providers you review;
f. Will not submit Reviews that comment on other users or the Reviews of other users;
g. Will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Jason’s Connection, or otherwise attempt to mislead others as to the identity of the sender or the origin of a Review or rating;
h. Will not submit Reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Website;
i. Will not access, download or copy any information contained on the Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
j. Will not post non-local or otherwise irrelevant Website Content, repeatedly post the same or similar Website Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
k. Will not take any action that would undermine the review and rating process under the Website;
l. Will not attempt to gain unauthorized access to the Website, other user accounts, or other computer systems or networks connected to the Website;
m. Will not use the Website in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third-party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
n. Will not promote a business or commercial venture or event, or otherwise use the Website for commercial purposes.
a. Website Content Disclaimer. Jason’s Connection does not: (i) guarantee the accuracy, integrity, quality or appropriateness of any Website Content, (ii) have an obligation to review, screen, monitor or approve any Website Content, (iii) endorse any Website Content, product and/or services of any Service Provider listed on the Website, (iv) have any responsibility or liability for any Website Content or (v) guarantee that the Website or functions thereof will be uninterrupted or free of any error or defect or that such information will satisfy any intended purpose or requirement of the user. Rather, Jason’s Connection serves merely as a passive conduit for the publication and distribution of Website Content. Any Website Content posted on the Website is the sole responsibility of the person and/or entity that posted such Website Content. Therefore, you acknowledge and agree that you will make your own judgment about, and bear all risks associated with, the use of any Website Content.
b. WARRANTY DISCLAIMER. THE WEBSITE, AND THE WEBSITE CONTENT THEREIN, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, JASON’S CONNECTION DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (I) IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, (II) ANY OTHER WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, (III) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, PERFORMANCE OR SUITABILITY OF THIS WEBSITE AND/OR ITS CONTENT, (IV) ANY WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE, AND FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS AND (V) ANY WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY SERVICE PROVIDERS LISTED ON THE WEBSITE.
c. HEALTH RELATED PROVIDERS. The contents of the Website, such as text, graphics, images, information and other material contained on the Website (“Website Content”) are for informational purposes only. The Website Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website.
If you think you may have a medical emergency, call your doctor or 911 immediately. Jason’s Connection does not recommend or endorse any specific test, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Jason’s Connection is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Reliance on any information provided by Jason’s Connection or its employees, others appearing on the Website at the invitation of Jason’s Connection, or other visitors to the Website is solely at your own risk.
The Website may contain health-related materials that are sexually explicit. If you find these materials offensive, you may not want to use the Website.
You should be aware that if you post any health-related information about yourself or anyone else on this Website, you do so at your own risk. If you post Website Content about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual and related to the Website Content from that individual’s health care providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain and it will not be protected by any federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom you submit Your Content may submit Website Content that contains your private or confidential health information in response to Your Content you submit. Jason’s Connection is not liable for any such Website Content.
Jason’s Connection is not liable for any damages resulting from your access to, use of, or reliance upon the Website and any of its Website Content.
Jason’s Connection is not liable for Website Content you submit, receive, access, transmit or otherwise convey through the Website.
In no event shall Jason’s Connection be liable for any indirect, incidental, special, punitive, exemplary, reliance or consequential damages (including but not limited to loss of profits, business interruption, reputational harm, loss of information or data, and damages that result from inconvenience, delay or loss of use of the Website or unauthorized access to the Website by a third party) arising out of your use of the Website, the Website Content and/or the products or services obtained on or through the Website, even if Jason’s Connection has been advised of the possibility of such damages.
Your sole and exclusive remedy for any dissatisfaction with the Website or the Website Content is to terminate your account and discontinue your use of the Website.
You agree to indemnify, defend and hold harmless Jason’s Connection, its officers, trustees, directors, managers, owners, employees, agents, designees, users, successors, assigns, Service Providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs, due to or arising from: (a) any violation of this Agreement by you; (b) the inaccurate or untruthful Website Content or other information provided by you to Jason’s Connection or that you submit, transmit or otherwise make available through the Website; (c) any intentional or willful violation of any rights of another or harm you may have caused to another; (d) your access to and/or use of the Website, (e) any product or service you purchase or obtain on or through the Website, (f) the infringement by you of any intellectual property or other right of any person or entity. Jason’s Connection has the sole right, at your expense, to control the defense of any matter or claim for which you are required to indemnify Jason’s Connection and you agree to cooperate in that defense.
The Website may contain information from third-parties and links to other websites or applications (“Third-party Information”). Jason’s Connection does not control, guarantee or endorse Third-party Information. Therefore, the use of Third-party Information is solely at your own risk.
Aside from Your Content, all other materials and other information on the Website, including, but not limited to all names, tradenames, trademarks, service marks, text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Proprietary Materials”) are the exclusive property of Jason’s Connection and/or its licensors and are protected by all United States and international trademark and copyright laws.
PLEASE READ THIS CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
(a) Jason’s Connection and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
References to ” Jason’s Connection,” “you,” “us,” and “party” include our respective subsidiaries, affiliates, agents, directors, trustees, officers, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of services under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. Additionally, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND JASON’S CONNECTION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Jason’s Connection should be addressed to: Jason’s Connection, ? Executive Director, 441 Vine St. Suite 3700, Cincinnati, OH 45201 (“Arbitration Notice Address”). The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Jason’s Connection and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, then you or Jason’s Connection may commence an arbitration proceeding with the American Arbitration Association (“AAA”). During the arbitration, the amount of any settlement offer made by Jason’s Connection or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Jason’s Connection is entitled. You may download or copy a form Notice and a form to initiate arbitration from here: http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004177.
(c) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Arbitration Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of this arbitration provision are for a court to decide. Unless Jason’s Connection and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, then we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, then the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
(d) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
(e) YOU AND JASON’S CONNECTION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Jason’s Connection agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(f) Notwithstanding any provision in this Agreement to the contrary, we agree that if Jason’s Connection makes any future change to this arbitration provision (other than a change to the Arbitration Notice Address), which change will be promptly posted on the Website, then you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with this Section 16, prior to the change.
Jason’s Connection has the right, at its sole discretion, to modify and restate this Agreement from time to time. Any such modifications will be promptly posted on the Website and shall become effective immediately upon posting. You are responsible for reviewing these terms and conditions regularly. Your continued access to or use of the Website after any such modification has been posted will be deemed your acceptance of the modifications and current version of the Agreement. If you do not wish to accept any such modification, then your only recourse is immediately discontinue use of the Website and send written notice to Jason’s Connection, ? Executive Director, 441 Vine St., Suite 3700, Cincinnati OH 45202 within 10 days of the modification.
A. Notices. All notices shall be provided to you through electronic mail, regular mail and/or posting the notices on the Website. All notices shall be provided to Jason’s Connection by mail to Jason’s Connection, ?Executive Director, 441 Vine St., Suite 3700, Cincinnati OH 45202.
B. Entire Agreement. This Agreement (including any links contained herein) constitutes the entire agreement and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof.
C. Non-assignable. You shall not assign your rights or delegate your performance under this Agreement. Any purported assignment by you is null and void. Jason’s Connection may assign its rights and/or delegate its performance under this Agreement. The Agreement binds and benefits the parties and their respective heirs, administrators, successors and assigns.
D. Governing Law. This Agreement shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions.
E. Class Action and Jury Trial Waiver.
You agree that, by entering into this agreement, you and Jason's Connection are each waiving the right to a trial by jury or to participate in a class action with respect to any matters or disputes relating to or arising under this agreement.