Terms of Service
Last modified: May 1, 2019
1. ACCEPTANCE OF THE TERMS OF SERVICE
The following terms and conditions govern all use of JADEO.co and all subsidiary webpages (the “Site”), owned and operated by JDAILY Inc. (“JADEO”, JADEO.CO,” “Us,” “We,” or similar terms). By viewing or using the Site, You are agreeing to be bound by these Terms of Service and other documents they expressly incorporate by reference (the “Agreement”), all applicable laws and regulations, and agree that You are responsible for compliance with any applicable local laws. If You (“User,” “You,” or similar terms) do not agree with any of the terms of the Agreement, You are prohibited from using or accessing this Site. The materials contained in the Site are protected by applicable laws including copyright and trademark law. This Agreement applies to You, any person or entity on whose behalf You are using the Site, as well as any person or entity who may obtain rights through You.
2. NO RELIANCE
ALL INFORMATION CONTAINED ON THE SITE IS FOR INFORMATIONAL PURPOSES ONLY. JADEO DOES NOT ENDORSE, AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION MADE ON THE SITE. JADEO IS NOT RESPONSIBLE FOR YOUR RELATIONSHIP WITH ANY DISPENSARY, RETAIL LOCATION, HEALTH CARE PROVIDER, ANY THIRD-PARTY, OR OTHER USERS OF THE SITE. JADEO IS NOT OBLIGATED TO SCREEN THIRD PARTIES TO DETERMINE WHETHER THEY ARE QUALIFIED OR AUTHORIZED BY LAW TO PROVIDE THEIR SERVICES OR TO DETERMINE THE ACCURACY OF THE INFORMATION THEY PROVIDE.
JADEO DOES NOT OFFER MEDICAL OR PROFESSIONAL ADVICE. ANY INFORMATION ACCESSED THROUGH THE SITE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, OR ADVERSE EFFECTS. SUCH INFORMATION INCLUDES, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, USER-GENERATED CONTENT, AND JADEO-GENERATED CONTENT. THE INFORMATION ON THE SITE SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL OR MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE.
3. YOUR JADEO ACCOUNT;
To access the Site or some of the resources it offers, You may be asked to provide registration details. It is a condition of use of the Site that all the information You provide be correct, current and complete. If we believe the details are not correct, current, or complete, we have the right to refuse You access to the Site, or any of its resources, and to terminate or suspend Your account. JADEO reserves the right to refuse registration of, or cancel a JADEO User in its discretion at any time, with or without notice.
JADEO may change, suspend or discontinue the Site, in whole or in part, at any time, including the availability of any feature, database, or content. JADEO may also impose limits on certain features and services or restrict User's access to parts or all of the Site without notice or liability.
User represents and warrants to JADEO that if User is an individual (i.e., not a corporation) User is at least 21 years of age. User also certifies that it is legally permitted to use the Site, and takes full responsibility for the selection and use of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Site.
User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Site (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Site; or (iii) remove or obscure any proprietary notices on the Site. As between the parties, Company shall own all title, ownership rights, and intellectual property rights in and to the Site, and any copies or portions thereof.
User shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. JADEO reserves the right to bar any such activity.
User shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any JADEO server, or to any of the services offered on or through the Site, by hacking, password "mining", or any other illegitimate means.
User shall not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or JADEO’s systems or networks, or any systems or networks connected to the Site or to JADEO
User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
User shall not use the Site or any Content (as defined below) for any purpose that is unlawful or prohibited by this Agreement.
JADEO may from time to time in its sole discretion update the Site. Updates may modify or delete in their entirety certain features and functionality. You agree that JADEO has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. These updates occur automatically.
6. TERMINATION (Not applicable to Business Memberships)
JADEO may terminate Your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7. LINKS TO THIRD-PARTY WEBSITES
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of us, and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We provide these links to You only as a convenience only, and the inclusion of any link does not imply our endorsement of the site or any association with its operators.
8. COMMUNITY POSTING GUIDELINES
You agree that You will not upload, email, transmit, or otherwise make available any content on the Site that:
- Was not created by You as an original work, or if any other person(s) assisted in the creation of the content, without that person’s permission;
- Depicts any other person(s) without first obtaining that person's permission;
- Constitutes spam (sending a message without consent, multiple times or to multiple people will be treated as spam);
- Encourages or depicts behavior that does not support a safe and comfortable environment for all users, including but not limited to posting or transmitting any materials that are threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, sexually explicit, inflammatory, profane, racially or ethnically objectionable, religious or political, or any materials that encourage inappropriate or unlawful conduct;
- Violates or infringes any rights of third parties (including but limited to copyright, trademark, rights of privacy or publicity, such as defamation or any other proprietary right);
- Imposes an unreasonable or disproportionately large load on the Site or otherwise interferes with the Site
- Restricts or inhibits any other user from using the Site;
- Uses "spoofing" (any means to disguise Your online identity or alter original attribute information when posting); or
- Contains personal information such as phone numbers, social security numbers, account numbers, addresses, or employer references.
We may, at our sole discretion, immediately terminate Your access to JADEO should Your conduct fail to conform to these Community Posting Guidelines. If You believe that any postings on JADEO violate these Community Posting Guidelines, please let Us know by clicking on the “Contact Us” link at the bottom of any page on JADEO, and then selecting the “Report Inappropriate User Content” link. We try to review all reported violations and, if we agree with You, we’ll take appropriate action. However, in all cases, we are the final judge on whether these Community Posting Guidelines have been violated and we will determine what, if any, action should be taken.
9. INTELLECTUAL PROPERTY RIGHTS
User agrees that the Site and all content and materials, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, made available by JADEO at the Site (collectively, "Content") are protected by copyrights, trademarks, service marks, patents, trade secrets or other intellectual property or proprietary rights and laws. The compilation of all Content on the Site is the exclusive property of JADEO and protected by Canadian and international copyright laws. All software used on (or provided through) the Site is the property of JADEO or its software suppliers and protected by Canadian and international copyright laws. JADEO’s names and logos, and all related product and service names, design marks and slogans are the trademarks or service marks of JADEO. You are not authorized to use any such trademark without our prior written consent. All other trademarks appearing on the Site are the property of their respective owners.
We grant You a non-exclusive, non-transferable, limited license to access and use the Content solely in accordance with the Agreement. We may terminate the above license at any time for any reason. However, subject to this Agreement, User may view, print or download a reasonable number of copies of the materials or content at this Site for User's own informational purposes; provided, that User retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of JADEO.
Except as expressly authorized by JADEO in writing, if You sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Content, Your license will terminate immediately, automatically, and without notice. Upon the termination of this license You must stop using the Site and Content, and destroy all copies, including electronic copies, of the Content in Your possession or control. No right, title or interest in or to the Site or Content is transferred to You, and all rights not expressly granted are reserved by us.
JADEO reserves the right, at its sole discretion, to modify or replace any part of this Agreement, which changes will be posted on this page or a similar page of the Site. It is Your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. JADEO may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
User shall be responsible for maintaining the confidentiality of User's JADEO password and other account information, and User agrees to accept responsibility for all activities that occur under Your account or password. User may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that Your account is personal to You and agree not to provide any other person with access to the Site using Your information.
We encourage You to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with Your account. JADEO cannot and will not be liable for any loss or damage arising from Your failure to comply with the above.
12. REPRESENTATIONS AND WARRANTIES
User represents and warrants that: (i) with respect to all information You provide to JADEO, You have the full right and authority to make such provision and to allow JADEO to use such information to provide the Site (including, without limitation, for JADEO to provide such information to its data providers), (ii) none of the content (e.g. emails) transmitted, uploaded or otherwise distributed by it (or its partners or any third party) through use of the Site will infringe or otherwise conflict with the rights of any third party.
13. WARRANTY DISCLAIMER (Not applicable to Business Memberships)
THE SITE IS PROVIDED "AS IS". TO THE FULL EXTENT PERMITTED BY LAW, JADEO, AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULL EXTENT PERMITTED BY LAW, JADEO, AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT THE SITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE SITE AT YOUR OWN DISCRETION AND RISK.
14. LIMITATION OF LIABILITY (Not applicable to Business Memberships)
TO THE FULL EXTENT PERMITTED BY LAW, JADEO, AND ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA. IN NO EVENT WILL JADEO, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO JADEO UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. TO THE FULL EXTENT PERMITTED BY LAW, JADEO, AND ITS SUPPLIERS AND LICENSORS SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL.
15. GENERAL REPRESENTATION AND WARRANTY
You represent and warrant that (i) Your use of the Site will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in Your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the Canada or the country in which You reside) and (ii) Your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.
16. INDEMNIFICATION (Not applicable to Business Memberships)
To the full extent permitted by law, You agree to indemnify and hold harmless JADEO, its contractors, licensors, affiliates and partners and their respective directors, officers, employees and agents from and against any and all loss, damage, liability, cost, claims or expense of any kind (including attorneys' fees), arising out of Your access, use or posting to the Site, including but not limited to in connection with Your violation of this Agreement.
JADEO takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement. If You believe any materials accessible on or from the Site infringe Your copyright, You may request removal of those materials (or access to them) from the Site by submitting written notification to our Copyright Agent (designated below). The written notice (the "Notice") must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work You believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
- Identification of the material You believe to be infringing in a sufficiently precise manner to allow Us to locate that material.
- Adequate information by which We can contact You (including Your name, postal address, postal code, telephone number and, if available, email address).
- A statement that You have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, that You are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive Notices is:
[FIRST AND LAST NAME OF AGENT]
[PHYSICAL ADDRESS OF AGENT]
[TELEPHONE NUMBER OF AGENT]
[E-MAIL ADDRESS OF AGENT FOR THIS PURPOSE]
Please be aware that if You knowingly materially misrepresent that material or activity on the Site is infringing Your copyright, You may be held liable for damages (including costs and legal fees, disbursements and charges).
19. IDEA SUBMISSION
Any ideas, proposals, and/or other information submitted or collected on the Site shall be considered non-confidential. By submitting information to the Site, or directly to JADEO, You agree that JADEO shall not be under any obligation of confidentiality or non-use, express or implied, with respect to any submissions, and JADEO may disclose or use any submission for any purpose whatsoever, at Our sole discretion, with no obligation, express or implied, to compensate or work with the person or entity that supplied the information, idea and/or proposal in any manner.
20. JURISDICTION AND VENUE
JADEO is based in Ontario in Canada. We provide this Site for use only by persons located in Canada. This site is not intended for use in any jurisdiction where its use is not permitted. If You access the site from outside Canada You do so at Your own risk and You are responsible for compliance with local laws of Your jurisdiction. Without limiting the generality of the foregoing, the use of the Site is prohibited in any jurisdiction having laws that would void the Agreement in whole or essential part or which makes accessing the Site illegal.
The Agreement is entered into and performed in the Province of Ontario, Canada and is governed by and shall be construed under the laws of Ontario, and the federal laws of Canada applicable therein, exclusive of any choice of law or conflict of law provisions. In any claim or action directly or indirectly arising under the Agreement or related to the Site, each party irrevocably submits to the jurisdiction of the courts located in Ontario, Canada. Each party waives any jurisdictional, venue or inconvenient forum objections to these courts. You agree that You shall pursue any claim against Us in Your individual capacity only, and You will not participate in any collective or so-called “class” action against JADEO
21. GENERAL TERMS
We may update the Site and Content from time to time, but the Content is not necessarily complete or up-to-date, and We are under no obligation to update such material. We also reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Site.
You may not assign any rights or obligations under the Agreement without Our prior written consent. We may assign all or part of the Agreement. If You violate any of the Agreement, Your authorization to use the Site and all licenses granted herein terminate automatically.
If any of the provisions of the Agreement are held unenforceable or overbroad by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder to retain its full force and effect. You agree to bring any and all claims within 12 months of the date on which such claim first arises; all claims not brought by You within such time period are waived. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
The Agreement constitutes the sole and entire agreement between You and JADEO with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
22. CONTACT INFORMATION
You may contact Usat the below contact information. You agree that we may provide any and all notices to You by e-mail, telephone, cell-phone, text message, as well as by any other method for which You have supplied contact information.