Create an Account
To provide a secure site experience, we require passwords to meet certain requirements.
Your password should be 10-16 characters long.
Your password needs to have at least one each of the following:
An uppercase letter
A lowercase letter
A special character such as punctuation
It may not contains spaces or tabs.
This website and the services provided to you on and via this web site are provided on an "AS IS" basis. You agree that we reserve the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. We will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
Your Responsibilities and Registration Obligations
Registration and Password
You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify us of any unauthorized use of your user account, user name or password.
By using this web site or any service provided, you explicitly agree that: (a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; threatening; abusive; harassing; stalking; defamatory; obscene; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law; (b) you will not impersonate or misrepresent your association with any person or entity; you will not forge another's identity, or otherwise seek to conceal or misrepresent the origin of any content provided by you; (c) you will not collect or harvest any information about other users; (d) you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, multi-level or proprietary marketing, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without our prior written consent; (e) you will not provide any content that may give rise to our being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including - but not limited to - laws relating to copyrights, trademarks, patents, or trade secrets.
Rights to Use What We Own
Subject to this Agreement, Java Johnny's hereby grants you a limited, revocable, non-transferable, non-exclusive license to use the Materials through a user identification reference provided by Java Johnny's ("User ID") to the extent, and only to the extent, necessary to access and use the Services in accordance with the terms of this Agreement. This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials or otherwise distribute in any way the Materials other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in, or otherwise attempt to transfer any right in the Materials, create derivative works based on or in any manner commercially exploit the Materials, in whole or in part, other than as expressly permitted in this Agreement. Any use of the Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.
We will provide you one User ID for each account held by you, thereby permitting you access to the Materials on one computer at a time through the Site. You agree to fully and accurately provide the information requested by us when setting up your accounts and to regularly update such information. Your failure to do so may result in the cancellation of your account and loss of Services. You further agree (a) not to provide User IDs to anyone who is not your agent or employee, and (b) to ensure all individuals permitted to use the User IDs are aware of and have agreed in writing to comply with the terms of this Agreement.
Conditions of Use
You agree to all of the following:
a. You hereby certify that you are at least 18 years of age. Individuals under the age of 18 are prohibited from using the Services.
b. You will ensure the email address provided in your account registration is valid at all times and will keep your contact information accurate and up-to-date.
c. You will not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or insider trading.
d. You will not use the Services or Materials if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
e. You will not use the Services or Materials to impersonate another person.
f. You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by Java Johhny's without our express written permission.
g. You will not access the Services through automated methods. The Services may only be used or accessed through an electronic device through manual control at all times.
h. You will not share your User ID or password, let anyone else access your account, or do anything that might jeopardize the security of your account. You will not attempt to or actually access the Services or Materials by any means other than through the interfaces provided by Java Johhny's.
i. You will not attempt to or actually override any security component included in or underlying the Materials or Services.
j. You will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Java Johhny's's infrastructure.
k. You will not publish Content, or links to Content, that is:
i. Pornographic, sexually explicit, or violent.
ii. Illegal (including stolen copyrighted material and material that infringes or has the potential to infringe the intellectual property rights of another).
iii. Reasonably likely to cause harm, or that could be reasonably considered as defamatory.
iv. An unlawful breach another's privacy.
l. You will not publish Content that is spam, is machine- or randomly-generated, and/or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing).
m. You verify that your country of residence is the same as indicated in your billing address.
Java Johhny's may determine in its sole discretion whether or not an account is in violation of any of these policies. Violation of any of these policies may result in user information tracking with such information being stored to identify the offending user. Offending users may be permanently restricted from holding an account or using the Services. If Java Johhny's reasonably determines that your account is being used for illegal or fraudulent activities, then your account may be immediately terminated and your financial data erased. We may also report you to law enforcement officials in the appropriate jurisdictions.
a. You may agree to a one (1) month, three (3) month, six (6) or twelve (12) month contract agreement with Java Johhny's.
b. You can opt to upgrade or downgrade your service agreement to any other contract agreement that Java Johhny's is currently offering for sale at any time during your contract term. In the event of a contract downgrade, a discount credit will be issued to your Java Johhny's account for the difference in the cost of the two contracts over the remainder of your original contract term. This credit can be applied to future months of service with Java Johhny's, and is in no way transferable to a cash refund.
c. At the end of the contract term, your contract will automatically renew for an additional contract term until explicitly cancelled by you. Cancellation must be issued via your website manager interface or via Java Johhny's's support addresses. Any cancellation issued via your website manager interface must be done at least one (1) day prior to the end of the contract term. Any cancellation not issued via the website manager interface must be done three (3) days prior to the end of the contract term to allow for adequate processing time.
d. Only Services and features clearly indicated as "free" or "no charge" are free or without charge. It is not the responsibility of Java Johhny's to provide free support for you in the use and operation of Java Johhny's. All other applications, features, functionality and support provided by Java Johhny's and its partners are provided for the fees described for each service on the Site ("Fees") and you are liable for such Fees.
e. If you registered for a trial use of the Services ("Trial Period"), you must decide to purchase the Services within the Trial Period in order to retain any Content that you have posted or uploaded during the Trial Period. If you do not purchase the Services by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the Services during the Trial Period, if you decide not to purchase the full version of the Services, you will not be able to access or retrieve any of the data you added/created during the Trial Period.
f. If you purchase any Services that we offer for a Fee, you agree to Java Johhny's, or our third party service providers, storing your payment card information. You expressly agree that we are authorized to charge you (i) a monthly Fee for any applicable Services billed on a monthly basis, (ii) any other Fees for Services you may purchase, and (iii) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you agree to remain responsible for any uncollected Fees.
Third Party Websites; Third Party Services; No Implied Endorsement
The Site may contain links to other web sites owned by third parties ("Third Party Sites"). Please note that when you click on any of these links, you are entering another website for which we have no responsibility or control. You may also have the ability through the Site to login to accounts that you have for services provided by third parties ("Third Party Services") or to link accounts for Third Party Services to your Java Johhny's account. Java Johhny's is not responsible for any activity occurring within Third Party Services, even if logged in through or linked to a Java Johhny's account.
You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your use of any Third Party Sites and/or Third Party Services, whether or not you were linked to or directed to a Third Party Site or Third Party Service through the Site. You acknowledge that Third Party Sites and Third Party Services may be subject to the applicable third party provider's terms of service, and you are solely responsible for reviewing and complying with any such terms of service. In no event shall any reference on the Site to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. Java Johhny's will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
Disclaimer of Warranty
This agreement applies solely to the site. As part of the services provided to other Java Johhny's users, we host websites for certain third parties ("third party sites"). Third party sites include content generated by third parties and are not under the management and control of Java Johhny's. Java Johhny's is not responsible for such third party sites, including without limitation, the accuracy, sufficiency, correctness, reliability, veracity, completeness or timeliness thereof, any link contained therein, or any changes or updates thereto, or any goods or services sold thereon. Your access or use of any third party site is governed by the terms applicable to such third party site. The hosting of any third party site by Java Johhny's does not imply an endorsement thereof by Java Johhny's, or of the provider of such content or services, of any third party site.
Limitation of Liability
We are not liable to you or any other person for damages of any kind, including without limitation any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with use of the site, the Services, the materials, your content, or any third party user generated content available on or through the site, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if Java Johhny's has been advised of the possibility of such damages. You hereby release Java Johhny's and hold Java Johhny's and its parents, subsidiaries, affiliates, licensors, and their officers, directors, trustees, affiliates, subcontractors, agents and employees, harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use of the services, materials, site, your content, commercial products or any third party user generated content available on or through the site. You hereby waive the provisions of any state or local law limiting or prohibiting a general release.
In the event of any problem with the site, the services, the materials, you agree that your sole and exclusive remedy is to cease using the site, the services and the materials. Under no circumstances shall Java Johhny's, its affiliates, or licensors be liable in any way for your use of the site, the services, the materials, your content, the commercial products or third party user generated content available on or through the site, including, but not limited to, any errors or omissions, any infringement of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of, or related to, the use of the site, the services, the materials, your content, the commercial products or any third party user generated content available on or through the site. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for you or for all our users at any time and in our sole discretion. All of these changes shall be effective upon their posting on the Site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by us to be contrary to this Agreement. For avoidance of doubt, Java Johhny's has no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the Services.
You agree to indemnify, hold harmless, and defend Java Johhny's and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to (i) your use (or anyone using your account's) use of the Site. This includes, but is not limited to, any breach or violation of this Agreement by you or anyone utilizing your account. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
We reserve the right, in our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of the change. In the event of any such change, we will post a notice on the Site that we have changed this Agreement. If you have a Java Johhny's account, we may (but are not required to) provide you with notice via the email address that we have on file for you that we have changed this Agreement. You and we both understand that sometimes there are issues with email communication. We are not responsible if any email notice gets caught by your SPAM filter and you do not see it, if you have given us the wrong email address (or failed to update your address) or if there are other communications issues that prevent email from reaching you. Therefore, we encourage you to frequently visit this page periodically to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes.
We may also, in the future, offer new services and/or features through Site (including the release of new tools and resources). For the avoidance of doubt, such new features and/or services shall be subject to the terms and conditions of this Agreement.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the state of Ohio without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States of America. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Ohio, and you hereby submit to the personal jurisdiction of such courts. YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You acknowledge that a violation or attempted violation of any of this Agreement will cause such damage to Java Johhny's as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Java Johhny's shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Java Johhny's in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
In no event shall you be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of Java Johhny's, the exploitation of any advertising or other materials issued in connection therewith, or the exploitation of the Site or any content used or displayed through the Site.
This injunctive remedy is not exclusive and is in addition to any remedy at law for money damages.
a. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
b. If we fail to enforce any of this Agreement, it will not be considered a waiver.
c. Any amendment to or waiver of this Agreement must be made in writing and signed by us.
d. You will not transfer any of your rights or obligations under this Agreement to anyone else without our prior written consent.
e. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
f. This Agreement does not confer any third party beneficiary rights.
g. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
h. You agree that any claim or cause in respect of this web site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation.