Terms and Conditions
1. Effective Date
The Terms, and any rights granted hereunder, may not be transferred or assigned by any User, but may be assigned by JOINTLE without restriction or consent. User is a visitor of the website.
3. Collection of your Personal Information
All users of the Site and of JOINTLE services, including you, are referred to herein as “Users,” whether or not they actually make, sell or buy any goods or services in connection with their use of the Site or services. JOINTLE may collect and store personally identifiable information disclosed by you, such as your e-mail address, name, home or work address or telephone number. Depending on the service used, JOINTLE may collect but not store your financial information, such as credit card, bank account numbers or other billing information. Makers could get excess to such information through Stripe payment service. JOINTLE also collects and stores anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites. Other information that may be gathered from you and stored includes, but is not limited to, community discussions, chats, dispute resolution findings, correspondence through our sites, and correspondence sent to us.
JOINTLE also automatically collects and stores information about your computer hardware and software. This information may include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by JOINTLE to provide statistics regarding usage of the Site.
4. Use of your Personal Information
JOINTLE keeps track of all inbound and outbound traffic. This data is used to deliver customized content and advertising within JOINTLE to Users whose behavior indicates that they are interested in a particular subject area.
JOINTLE will not sell your personal information to third parties for their marketing purposes without your prior consent. JOINTLE may combine your information with information it collects from other companies and use it to improve and personalize JOINTLE services, content and advertising. If you do not wish to receive marketing communications from JOINTLE or participate in its ad-customization programs, simply send us an email indicating your preference.
JOINTLE will disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process served on JOINTLE or the Site; (b) protect and defend the rights or property of JOINTLE; (c) enforce our policies; (d) respond to claims that a listing or other content violates the rights of others; (e) protect the personal safety of users of JOINTLE or the public; or (f) report suspected illegal activity or fraud. All such information will be disclosed in accordance with applicable laws and regulations.
The Site uses "cookies" to help you personalize your online experience. A cookie is a piece of text that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Site.
6. Security of your Personal Information
JOINTLE will take reasonable precautions to protect your personal information from unauthorized access, use or disclosure. Individuals who have been granted access to personal information are aware of their responsibilities to protect the security, confidentiality and integrity of that information. As effective as modern security practices are, no physical or electronic security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that the information you supply will always remain private. JOINTLE retains your personal information to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, enforce our Terms and Conditions, and take other actions as permitted by law.
7. Business Transfers
JOINTLE may sell, transfer or otherwise share some or all of its assets, including database, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
8. Changing or Deleting Your Information
Any User with an account on the Site may review, update, correct or delete personal information in that User’s profile by contacting us at email@example.com or by editing the relevant part of the profile. If you would like us to cancel your JOINTLE account, please contact us and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your firstname.lastname@example.org account. Please note that, if you cancel your JOINTLE account, any reviews or other content you have posted to the Site may, in our discretion, remain publicly viewable via the Site. Also JOINTLE have the right to delete any or all information about you, including your account. Please see below for privacy contact information.
With your consent we may post your testimonial on the Site along with your name. If you want your testimonial removed please contact us at email@example.com.
10. Our Policy Toward Children
This Site is not directed to individuals under the age of eighteen (18). We do not knowingly collect personally identifiable information from children under the age of eighteen (18). If a parent or guardian becomes aware that his or her child has provided us with personal information without the parent’s or guardian’s consent, he or she should contact us at firstname.lastname@example.org. If we become aware that a child under eighteen (18) has provided us with personal information, we will delete such information from our files.
11. Contact Information
We reserve the right to modify this Policy at any time by posting an amended Policy that is always accessible on this site’s home page and by giving you prior notice of such amendments. Your continued use of this site after notice of a modification indicates your acceptance of the amended Policy. You should check this Policy periodically for modification for a listing of material changes and their effective dates.
We may give notice to you by means of (i) a general notice in your account information; (ii) by email to your e-mail address on record in your Registration Data, or (iii) written communication sent to you by first class mail to your address on record in your Registration Data. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail) or twenty-four (24) hours after sending (if by e-mail).
THIS VERSION OF THE MAKER AGREEMENT WAS IMPLEMENTED AND BECAME EFFECTIVE ON AUGUST 1ST, 2015 (“EFFECTIVE DATE”). IT APPLIES FROM THE LATER OF THAT DATE AND THE DATE ON WHICH YOU ACCEPTED IT THROUGH THE SITE.
1. Purpose of JOINTLE
JOINTLE has created an online marketplace to connect Producers of goods and providers of services with users who wish to shop for and purchase goods and services (“Buyers” and, together with you and other Producers, “Users”). Producer is a registered user on the website who has put his offers (deals) as for the production and supply of certain goods in specified time and for fixed prices. Buyer is a user who paid for certain goods (products) on the website.
JOINTLE has created an online marketplace to present to Producer opportunity to sell directly to retail and wholesale customers via online storefront.
2. Eligibility to use the Site
The Site is available only to legal entities or persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. If you are a person who agrees to this Agreement on behalf of a company or other legal entity, the terms “Producer,” “you,” and “your” refer both to you personally and the entity on whose behalf you agree. Furthermore, you personally represent and warrant that you have the authority to bind that entity to this Agreement.
Nothing in this Agreement precludes you from engaging with JOINTLE or the Site as a Buyer or potential Buyer, as long as you open a separate account designated for Buyers or potential Buyers and agree to the terms of the separate agreement applicable to Buyers (the “Buyer Agreement”).
3. Role of JOINTLE
Service is an online venue where the Producers sell their products via online storefront to Customers via online transactions.
Online storefront is the information about supply of certain goods for fixed prices that available for online purchasing.
You agree that by making a Good Proposal to another User of the Site, you are agreeing and intending to enter into a binding legal agreement with that User if and when that User accepts your proposal. That binding agreement shall be between only you and that other User. JOINTLE shall not be a party to any agreement between you and another User. You understand and agree that JOINTLE does not deliver any goods or provide services for or on behalf of you, does not ensure payment by any User, and does not make any representations regarding the quality of such goods or services, except as otherwise expressly set forth in this Agreement.
Producer acknowledges, agrees and understands that: (i) the Site is merely a venue for introducing and facilitating agreements between Users; (ii) JOINTLE is not a party to any agreements between Users; (iii) no User, including you, is an employee, agent, or representative of JOINTLE; (iv) JOINTLE is not an employee, agent, or representative of any User, including you; (v) JOINTLE does not, in any way, supervise, direct, or control any User’s work; (vi) JOINTLE shall not have any liability or obligations under or related to agreements or for any acts or omissions by any User; (vii) JOINTLE has no control over Users; and (viii) JOINTLE makes no representations as to (a) the reliability, capability, honesty, qualifications, or other characteristics of any User or any User’s statements or conduct; or (b) the quality, safety, or legality of any order delivered by a Producer. By launching storefront Producer undertakes to ship all prepaid orders to the fulfillment center. Order is a list of goods (products) that paid by the buyer.
4. Limited License and Restrictions on Use
All content included in the Site, including but not limited to text, graphics, video, interfaces, logos, button icons, images, data compilations, software, and the compilation thereof is the property of JOINTLE or its content and software suppliers and is protected by United States and international laws. Unauthorized use of such intellectual property or information, or the Site, is prohibited. Except as expressly provided herein, JOINTLE does not grant any express or implied right or license of any kind to you concerning any patents, copyrights, trademarks, trade secrets, or other intellectual property rights.
JOINTLE grants you a limited, revocable, nonexclusive, nontransferable license to view, store, bookmark, download and print the pages within the Site solely for your personal, informational, and noncommercial (except in your capacity as a Producer transacting business with other Users within the purpose of the Site specified by Section 2 of this Agreement) use. Individual pages and sections of the Site may be printed for personal or internal use only, provided that such print outs retain all applicable copyright or other proprietary notices. JOINTLE reserves all rights not expressly granted in this Agreement.
5. General Producer Performance
JOINTLE expects a consistent and high level of courtesy, respect and professionalism from all of its Users toward each other and reserves the right to expel or suspend any User at any time for any reason, in JOINTLE sole discretion.
Producer shall consistently provide service that results in a high level of Buyer satisfaction. This includes, but is not limited to, as well as informal common-sense obligations to provide good service to Users; providing goods and services in a competent manner, of commercially reasonable quality, and in accordance with Producer’s representations or promises concerning Producer’s skills and abilities; communicating in a professional and timely manner with JOINTLE; and providing reasonable cooperation with JOINTLE’s efforts to ensure positive User experiences and customer satisfaction.
Producer shall not post to the Site or include in any communications with another User, information that is libelous, defamatory, obscene, abusive, pornographic, threatening, inaccurate, or an invasion of privacy; an infringement of another’s intellectual property rights, including, but not limited to, copyrights and trademarks; illegal in any way or that advocates illegal activity under any applicable law; an advertisement or solicitation of funds, goods, or services, other than for the purpose of conducting business with other Users pursuant to the purpose of the Site as stated in Section 2 of this Agreement; an impersonation of another; or personal information of another, including but not limited to personal phone numbers, account numbers, personal addresses, or employer references.
Producer agrees that JOINTLE is not and shall not be legally responsible for any remarks, information, or other content posted or made available on the Site by any other User or third party, even if such information or content is defamatory or otherwise legally actionable. JOINTLE is not responsible for and does not monitor or censor content for accuracy. JOINTLE reserves the right, however, to remove or restrict access to any information or content posted or made available on the Site if ordered to do so by a court, if JOINTLE considers such information or content to be inappropriate, or for any other reason, in its sole discretion.
All identity information associated with the Producer and Producer’s account on the Site must be real and verifiable. Producer shall reasonably cooperate with any such verification efforts, including but not limited to providing to JOINTLE upon request government or legal documents that confirm the Producer’s identity.
Producer is solely responsible for ensuring and maintaining the secrecy and security of Producer’s account information and password. Producer agrees not to disclose Producer’s password to, or allow the use of Producer’s account by, any third party. Producer agrees that Producer shall be solely responsible for any use of the Producer’s account or Producer’s password, whether or not Producer authorizes such use.
Producer agrees that all payments by users in Producer’s favor are to be made and accepted only through a payment mechanism provided or approved by JOINTLE (an “Approved Payment Mechanism”). Producer agrees to accept payments through any Approved Payment Mechanism, without discriminating among Approved Payment Mechanisms, and shall not accept payments from another User through any means other than an Approved Payment Mechanism. Producer shall immediately notify JOINTLE if another User requests that Producer accept a payment by any method other than an Approved Payment Mechanism.
Producer shall, at Producer’s own expense, take all steps necessary to enable Producer to accept payments through all Approved Payment Mechanisms, including but not limited to, as applicable, acquiring necessary computer equipment and software, establishing an account with a third-party payment processor, and providing credit card and bank account information.
Jointle will charge all fees before putting funds in your account. Jointle and its payment partners will subtract fees before transmitting the proceeds of a payment.
All transactions on the website are held in cooperation with STRIPE.
7. JOINTLE Service Fee
Service fee is a commission which is being paid to the Producer at the moment of money transfer. Producer will pay JOINTLE a transaction-based fee for JOINTLE’s services and technology provided through the Site and otherwise (the “Service Fee”). For each processed order, the Service Fee is 15% of amount of payments. Producer shall include in price sales, use, or similar transaction-specific taxes that Producer is required to collect and pay by virtue of the received amount of orders. Producer shall include in shipping or delivery costs only Producer’s actual out-of-pocket costs for shipping and delivery. Buyers will be charged for goods and delivery separately.
Producer is solely responsible for paying all Service Fees and for collecting, reporting, and paying any applicable taxes in a timely manner.
JOINTLE shall have the right to collect the JOINTLE Service Fee directly from the funds provided by the paying Buyer through an Approved Payment Mechanism.
From time to time, JOINTLE may, at its sole discretion, choose to offer Producer a discount on the Service Fee or a credit towards the Service Fee. Unless JOINTLE states in writing otherwise, all Service Fees are final and nonrefundable.
As a venue, JOINTLE can't provide specific tax advice. It's up to each seller to research their local laws about collecting and reporting taxes for their JOINTLE sales. Tax regulations can vary greatly by location. If you're unsure how to charge tax, we encourage you to consult an accountant or other expert in your area.
8. Feedback and Reputation Management
JOINTLE provides its feedback and reputation management system as a service to Producer and other Users, through which Users can express their opinions and experiences publicly about other Users. JOINTLE does not monitor or censor these statements, or investigate any remarks posted by Users for accuracy.
Producer acknowledges and agrees that the Site may contain publicly available comments and feedback about Producer from other Users with whom Producer has transacted or interacted through and in connection with the Site. Producer acknowledges that feedback results for Producer may consist of comments and ratings left by other Users that are or that Producer perceives as negative. Producer also acknowledges and agrees that JOINTLE may (but shall have no obligation to) calculate composite feedback numbers, scores, or other ratings based on User feedback. Producer acknowledges and agrees that in no event shall JOINTLE be responsible or liable for, and Producer releases JOINTLE and holds JOINTLE harmless from, any claims that Producer might have as a result of any other User’s comments or feedback about Producer, or any scores, numbers, ratings, or other data or information derived from User comments or feedback, even if that information is defamatory or otherwise legally actionable.
Producer understands and agrees that Producer may be held legally responsible to other Users, JOINTLE, or third parties as a result of comments or feedback that Producer submits to the Site. Any effort to falsify feedback, or to manipulate or coerce another User by threatening negative feedback or offering to sell or buy goods or services in exchange for feedback is in violation of this Agreement, and may expose Producer to liability. Other actions that constitute an abuse of the reputation management system and a violation of this Agreement include, but are not limited to, submitting to the feedback system links, profanity, or inappropriate content, and contacting Users to provide direct feedback about other Users with whom Producer has interacted, whether or not that feedback is negative.
JOINTLE shall at all times have the right, in its sole discretion, to maintain, modify, or delete statements, feedback, comments, or ratings, although shall have no obligation to do so.
Producer agrees that by entering into this Agreement, Producer, for Producer and Producer’s predecessors, successors, and assigns (together, the “Producer Releasors”), releases and forever discharges JOINTLE and its predecessors, successors, assigns, agents, officers, directors, employees, subsidiaries, parents, affiliates, attorneys, contractors, and suppliers (together, the “JOINTLE Releasees”) from and against all actions, causes of action, claims, suits, debts, damages, judgments, liabilities, rights, contracts, obligations, and demands, whether now known or unknown, liquidated or unliquidated, that any of the Producer Releasors has, may have, has asserted, or could have asserted, of any nature and relating to any subject, excluding the right of Producer to enforce this Agreement according to its terms.
In addition, without limiting the generality of the foregoing, Producer, for the Producer Releasors, specifically releases and forever discharges the JOINTLE Releasees from and against all actions, causes of action, claims, suits, debts, damages, judgments, liabilities, rights, contracts, obligations, and demands, whether now known or unknown, liquidated or unliquidated, that any of the Producer Releasors has, may have, has asserted, or could have asserted, of any nature arising out of or in any way connected with any disputes Producer may have with any other User of the Site.
In addition, Producer agrees that each time it logs into or uses the Site, Producer thereby reaffirms and restates the releases in the previous two paragraphs, such that Producer is, upon each log in or use, on behalf of the Producer Releasors, releasing and forever discharging the JOINTLE Releasees from and against all actions, causes of action, claims, suits, debts, damages, judgments, liabilities, rights, contracts, obligations, and demands, whether known or unknown, liquidated or unliquidated, that any of the Producer Releasors has, may have, has asserted, or could have asserted, of any nature and relating to any subject, through the date of such log in or use, excluding the right of Producer to enforce this Agreement according to its terms.
10. Producer Conduct and Content
Producer agrees to be solely responsible for Producer’s conduct and activities on and regarding the Site and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links that Producer submits, posts, or displays on or in connection with the Site (together, “Content”). Producer will not: (i) post false, inaccurate, misleading, obscene, or defamatory content; (ii) falsely state or otherwise misrepresent Producer’s affiliation with any person or entity, including but not limited to the use of similar email addresses or names, or the creation of false account(s); (iii) infringe upon or misappropriate any person’s or entity’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy; (iv) transmit any code that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (v) modify, adapt or hack the Site or falsely imply that any other website is associated with JOINTLE; or (vi) purport to create any liability for JOINTLE to any third party or cause JOINTLE to lose (in whole or in part) the services of JOINTLE’s ISPs or other suppliers.
11. License to JOINTLE
12. WARRANTY DISCLAIMER
JOINTLE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH REGARD TO JOINTLE’S SERVICES, WORK PRODUCTS, JOINTLE RESOURCES, THE SITE, ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR BUSINESS CONDUCTED OR PURCHASES MADE WITH THE ASSISTANCE OF JOINTLE, ALL OF WHICH ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, JOINTLE DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, PRODUCER AGREES THAT NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY PRODUCER FROM JOINTLE SHALL CREATE ANY WARRANTY OF ANY KIND NOT EXPRESSLY MADE HEREIN.
JOINTLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING OTHER USERS OR THEIR WORK, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES CONCERNING THE SAFETY OF PRODUCTS OR USERS’ CAPABILITIES, HONESTY, RELIABILITY, TRUSTWORTHINESS, OR ABILITIES TO PAY.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL JOINTLE, OR ITS SUBSIDIARIES, PARENTS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO JOINTLE’S SERVICES, YOUR USE OF JOINTLE’S SERVICES OR THE SITE, THE CONDUCT OF ANY USER (WHETHER TORTIOUS OR OTHERWISE) IN CONNECTION WITH THE USE OF THE SITE BY YOU OR ANY OTHER USER, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, AND EMOTIONAL DISTRESS.
TO THE EXTENT JOINTLE IS EVER DETERMINED TO BE LIABLE TO YOU NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT JOINTLE’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF JOINTLE'S SUBSIDIARIES, PARENTS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS, OR SUPPLIERS, SHALL BE LIMITED TO THE HALF OF (A) THE AMOUNT OF TRANSACTION FEES PAID BY YOU TO JOINTLE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.
THESE LIMITATIONS SHALL APPLY TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF JOINTLE IS ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES, AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL JOINTLE BE LIABLE TO YOU, AND YOU WAIVE ANY RIGHT TO SEEK FROM JOINTLE, CONSEQUENTIAL OR SPECIAL DAMAGES.
Producer agrees to indemnify and hold JOINTLE and JOINTLE’s parents, subsidiaries, affiliates, officers, directors, consultants, suppliers, contractors, agents and employees harmless from any loss, expense, and damage, including but not limited to reasonable attorneys’ fees, arising out of or relating in any way to any claim or demand made, asserted, or threatened by any other person or entity and that arises out of or relates to Producer’s conduct or failure to act, Producer’s use of JOINTLE’s services, or Producer’s use of the Site, including but not limited to claims or demands relating to Producer’s breach of this Agreement, failure to deliver an order in accordance with Agreement, violation or alleged violation of others’ intellectual property rights, violation or alleged violation of any other rights of another, and violation or alleged violation of any law or regulation.
15. No Guarantee
JOINTLE may, in its sole discretion, remove, cease operating, change the functionality of, or otherwise modify its services and the Site at any time.
JOINTLE does not guarantee continuous, uninterrupted, ongoing access to the Site or any of the Site’s features, and operation of the Site may be interfered with or eliminated entirely by numerous factors outside JOINTLE’s control or at JOINTLE’s sole discretion.
16. Legal Compliance
Producer agrees to comply with all applicable domestic and international laws when using and in relation to JOINTLE’s service or the Site.
17. No Agency
Producer understands and agrees that Producer and JOINTLE are independent entities, and that no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement, or by the operation of the JOINTLE Service or the Site.
Producer further understands and agrees that JOINTLE is independent from all other Users, and that no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created between JOINTLE and any other User by virtue of any other User’s agreements with JOINTLE, or by the operation of the JOINTLE Service or the Site.
18. Choice of Law
This Agreement shall be interpreted and governed by the internal laws of Connecticut, without regard to conflict of laws principles.
19. ARBITRATION AGREEMENT
ALL DISPUTES CONCERNING OR ARISING OUT OF THIS AGREEMENT, INCLUDING WHETHER A DISPUTE IS SUBJECT TO ARBITRATION, SHALL BE RESOLVED BY BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), USING THE THEN-CURRENT APPLICABLE AAA RULES. THE LOCATION OF THE ARBITRATION SHALL BE THE AAA OFFICE IN CONNECTICUT CHOSEN BY THE AAA OR THE ARBITRATOR.
THE FEDERAL ARBITRATION ACT, AS IN EFFECT AT THE TIME OF ANY ARBITRATION DEMAND, SHALL APPLY TO ANY ARBITRATION PURSUANT TO THIS AGREEMENT.
THE PARTIES SHALL EACH BEAR THEIR OWN EXPENSES RELATED TO ANY ARBITRATION. THE COSTS OF THE ARBITRATION TRIBUNAL, INCLUDING BUT NOT LIMITED THE ARBITRATOR’S AND THE AAA’S FEES, SHALL BE SHARED EQUALLY BETWEEN THE PARTIES, REGARDLESS OF WHICH PARTY PREVAILS. EACH PARTY TO THE ARBITRATION SHALL BEAR ITS OWN LEGAL FEES, REGARDLESS OF WHICH PARTY PREVAILS. THE ARBITRATOR SHALL NOT AWARD ANY MULTIPLE OR PUNITIVE DAMAGES, REGARDLESS OF WHICH PARTY PREVAILS. NOTWITHSTANDING ANYTHING TO THE CONTRARY PERMITTED BY THE APPLICABLE RULES OF THE AAA, ANY ARBITRATION PURSUANT TO THIS AGREEMENT SHALL INVOLVE PRODUCER AND JOINTLE ONLY IN THEIR INDIVIDUAL CAPACITIES, SHALL NOT BE CONSOLIDATED WITH ANY OTHER ARBITRATIONS, AND SHALL NOT BE ARBITRATED AS A CLASS OR OTHER FORM OF REPRESENTATIVE ACTION. PRODUCER AGREES NOT TO PARTICIPATE IN ANY ARBITRATION RELATED TO OR ARISING FROM THIS AGREEMENT AS A CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
ANY ACTION TO CONFIRM AN ARBITRATION AWARD PURSUANT TO THIS AGREEMENT SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION WITHIN CONNECTICUT. JOINTLE AND PRODUCER AGREE TO SUBMIT TO THE JURISDICTION OF ANY SUCH COURT, WAIVING ANY OBJECTION BASED ON PERSONAL JURISDICTION OR VENUE.
AT LEAST FORTY-FIVE (45) DAYS PRIOR TO EITHER PARTY INITIATING ANY ARBITRATION PURSUANT TO THIS AGREEMENT, THAT PARTY SHALL SEND TO THE OTHER PARTY A WRITTEN DEMAND DESCRIBING THE NATURE OF THE DISPUTE AND SETTING FORTH A PROPOSED RESOLUTION. THE PARTIES SHALL THEN ATTEMPT TO NEGOTIATE IN GOOD FAITH TO RESOLVE THE DISPUTE.
You understand and agree that JOINTLE disclaims all responsibility and liability for, and you shall not seek to hold JOINTLE liable for, the quality, content, nature, or reliability of other sites accessible by hyperlink from the Site, of sites linking to the Site, or of sites framing the Site (together, “Linked Sites”). Linked Sites are not under the control of JOINTLE, and JOINTLE shall have no responsibility for the content of any Linked Site or any link contained in a Linked Site. The inclusion of any link on the Site does not imply any affiliation, endorsement, or adoption by JOINTLE of a Linked Site or any information contained therein.
When leaving the Site for another site, you should be aware that this Agreement may not govern your use of the other site, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that other site.
21. Electronic Communication
Producer consents to receive communications from JOINTLE electronically, by email, posting on the Site, or messages to Producer through the Site. Producer agrees that all notices, communications, deliveries, or process shall be deemed delivered to and served on Producer upon emailing, posting, or sending through the Site, regardless of whether such notices, communications, deliveries, or process actually reach or are read by Producer. Producer waives any formal service or hard-copy delivery rights with respect to any communication, notices, deliveries, or process arising out of or relating to the JOINTLE Service or the Site.
22. Access Subject to Local Restrictions
The Site is not directed at or intended for use by any person located in any jurisdiction where the Site’s content or functionality is illegal or permitted only with necessary licenses or authorizations that JOINTLE has not obtained. You agree not to access or use the site in any such location and that you are responsible for determining whether use of the Site is permitted in your location.
23. Entire Agreement
JOINTLE may modify the Agreement at any time, in its sole discretion, by posting an amended Agreement on the Site. Unless otherwise indicated on the Site, any modifications shall be effective immediately. You agree that any such modifications shall be effective and that your continued use of the Site or the JOINTLE Services after any modification will be governed by the modified Agreement. JOINTLE may, but in no event shall it be required to, provide you notice of any modification by email or other form of communication. Except modifications that JOINTLE makes pursuant to this Section, or as otherwise agreed between you and JOINTLE in a writing signed by both you and JOINTLE, no other modifications to this Agreement shall be permitted. JOINTLE may terminate the Agreement at any time, in its sole discretion, by providing you notice of termination or by ceasing to operate the Site.
If any provision of this Agreement is held to be unenforceable, such provision shall be struck and the remaining provisions shall remain enforceable.
JOINTLE may assign this Agreement in its sole discretion. Producer may not assign this Agreement or any of Producer’s rights or obligations, without JOINTLE’s prior written consent.
The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim.
26. Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your products and content has been copied and posted on our Site in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our Site; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. JOINTLE’s copyright agent to whom you should provide such information is as follows: email@example.com. We will make all our best to set true Producer and have the right to delete fake Producer’s account.