JAR Networks
maintains this website (the "Website") as a
service to its customers and partners.
By using the Website, you agree to comply with and be bound
by the following terms and conditions (the "Agreement"),
which may change at any time by posting notice on the
Website. Carefully read this agreement, and periodically
check these terms and conditions for changes.
If you do not agree to these terms and conditions,
do not use the Website.
Use of Website
JAR Networks may agree to provide certain of its content
and other propriety material to its partners (the
"Partners"). All text, images, logos, marks, compliations
(defined as, the collection, arrangement, and assembly of
information), and other content of the Website, all of the
foregoing provided by JAR Networks to the Partners, and
any of the foregoing sent to you by e-mail or other means
(collectively, the "Website Content") are proprietary
to us or to the Partners.
JAR Networks authorizes you to view, download, and print
the Website Content subject to the following conditions:
(i) you may only download and print the Website Content
in limited quantities as required to evaluate whether the
services of JAR Network are appropriate for your use; (ii)
you may not use any automated process or software program
to view, download, print, or otherwise use Website Content;
(iii) you may not use any of the Website Content for the
purpose of soliciting, for any service or product, venues
or organizations that have information included in the
Website Content; (iv) you may not modify the Website Content;
and (v) all displays and printouts must maintain all
copyright notices. Except as expressly permitted above,
copying; modifying; storing for any period of time, for any
use other than specified in (i) above; reproduction;
redistribution; republication; uploading; posting;
transmitting; distributing, or otherwise exploiting in any
way the Website Content, or any portion of the Website
Content, is strictly prohibited without the prior written
permission of JAR Networks. To request permission, you
may contact JAR Networks at P.O. Box 231, Boston, MA, 02117.
All software used on the Website is proprietary to JAR
Networks or to third parties, and any use, redistribution,
sale, decompilation, reverse engineering, disassembly,
translation, or other reduction of such software to
human-readable form is prohibited, except as may be required
to exercise the foregoing license grant.
The marks EventJAR and EventJAR.com are proprietary to
JAR Networks, and they may not be used in connection with
any service or products other than those provided by JAR
Networks, in any manner that disparages or discredits JAR
Networks, or in any manner that is likely to cause confusion
among customers or users of the Website.
You agree, and represent and warrant, that your use or other
exploitation of the Website and the Website Content, or any
portion thereof, will be consistent with the foregoing
license and restrictions and will neither infringe nor
violate the rights of any other party or breach any contract
or legal duty to any other parties. In addition, you agree
that you will comply with all applicable laws, regulations
and ordinances relating to the Website, the Website Content,
or your use of them, and you will be solely responsible for
your own individual violations of any of them.
Limitations on Use, Permitted Use
You may access and download the Material only as
required to view the Material on your web browser
for your individual use. You must maintain all copyright
and other notices on the Material. You may print a single
copy of the Material for your use. You may not distribute
or republish any Material or use the Material, in any
way that is not specifically permitted in this Agreement.
You agree to comply with any and all notices and
requirements accompanying Third-Party Content.
URLs to Third-Party Websites
The Website contains many URL links to third-partly
websites. The linked sites are not under JAR Networks'
control, and we are not responsible for the contents of
any linked site. The Website provides these links as a
convenience only, and a link does not imply endorsement
of, sponsorship of, or affiliation with the linked site
by JAR Networks. Links to advertisers or merchants are
operated and owned by independent retailers or service
providers, and therefore, we are unable to ensure that you
be satisfied with their business practices, services, or
products. You should make the appropriate or necessary
investigation before proceeding with any transaction with
any of these third-partlies.
Recommendations or Advice
The Website is designed to provide pointers to
products or services related to entertainment and cultural
events. The Website does not provide specific recommendations
or advice for any products or services, even if cited on,
identified by, or obtained as a result of using the
Website. Such recommendations or advice should only be
provided by a qualified advisor who is familiar with your
particular circumstances and other relevant information.
Since JAR Networks is not involved in the purchase or sale
of any products or services that the Website may identify,
if a dispute arises between you and any seller of such
products or services, you understand that JAR Networks has
no obligation to become involved, and you hereby release
JAR Networks from all demands, claims, and damages (actual,
consequential or otherwise) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and
undisclosed, arising from or relating to any such dispute.
You hereby waive any legal protections of any jurisdiction
that may apply to you that would limit the foregoing
release in any way.
Warranty Disclaimer
JAR Networks makes no representations or warranties
of any kind regarding the Website and the Website Content.
The Website and Website Content are provided in "AS IS"
condition, and JAR Networks expressly disclaims and and all
warranties, whether express or implied, including: (i) all
warranties of merchantability, fitness for a particular
purpose, title, noninfringement, and any and all warranties
arising from course of dealing and usage of trade; (ii) that
the Website and Website Content will meet your requirements,
will always be available, timely, operate without error,
accessible, uninterrupted, or secure, (iii) as to the results
that may be obtained from the use, operation, or other
exploitation of the Website and Website Content, and (iv) as
to the accuracy or reliability of any information obtained
from the Website and Website Content. No information or
advice, whether written or oral, obtained by you from
JAR Networks or through the Website and the Website Content
will create any warranty not expressly stated herein.
Limitation Of Liability
You use the Website and Website Content at your own risk,
and JAR Networks will not be liable for any damages of any
kind arising from or relating to their use, operation,
or other exploitation. You waive and covenant not to assert
any allegations or claims of any nature arising from or
relating to the use, operation, or other exploitation of
the Website and Website Content, including any allegation
or claim that JAR Networks has or should indemnify, defend
or hold you harmless from any claim or allergation arising
from the use, operation, or other exploitation of the
Website and Website Content.
Under no circumstances will you be entitled to recover
from JAR Networks any incidental, consequential, indirect,
punitive or special damages (including damages for loss of
use, loss of business, loss of profits), whether based on
tort (including negligence), contract, or otherwise arising
from or relating to the Website and Website Content, even
if JAR Networks have been informed or should have known
of the possibility of such damages.
Indemnity of JAR Networks
You agree to indemnify and hold JAR Networks harmless
from all claims, causes of action, and allegations (whether
threatened or pending), costs, charges, fees, and expenses
(including reasonable attorneys' and professionals' fees),
judgments damages, losses, and liabilities arising from
or relating to the breach or alleged breach of your duties
or obligations under this Agreement or your use of the
Website or Website Content. For any indemnified matter,
JAR Networks will have full control of the response thereto
and the defense thereof, including, without limitation,
any agreement relating to the settlement thereof, and you
will cooperate with JAR Networks in such matter.
JAR Networks may, at their option, terminate any person
or entity's access to any or all of the Website upon any
breach of the terms and conditions of this Agreement.
Applicable Law And Jurisdiction
This Website (excluding links) is controlled and operated by
JAR Networks from its offices in and around Boston, MA.
Although JAR Networks has made no effort to publish the
Website elsewhere, but because the Website is published on
the World Wide Web (WWW) it is accessible in all fifty states
and other countries. As each of these places has laws that
may differ from those of Massachusetts and from each other,
and as you and JAR Networks both benefit from establishing
a predictable legal environment in which to operate, use
or otherwise exploit the Website, by using the Website
you and JAR Networks agree that all matters arising from
or relating to the use and operation of the Website will
be governed by the substantive laws of the Commonwealth Of
Massachusetts, without regard to its conflicts of laws
principles. You agree that all claims you may have relating
to the operation or arising from, use or other exploitation
of the Website will be heard and resolved in the courts in
Boston, MA. You consent to the personal jurisdiction of such
courts over you, stipulate to the fairness and convenience
of proceeding in such courts, and covenant not to assert
any object to proceeding in such courts. If you choose to
gain access to the Website from locations other than Boston,
MA, you will be responsible for compliance with all local
laws of any such other location.
Miscellaneous
Our failure to enforce any right under this Agreement
will not waive that right.
The headings in this Agreement have been included solely
for the convenience of reference, in no way define or limit
the scope or substance of any provision of the Agreement,
and will not be considered in interpreting this Agreement.
As used in this Agreement, "including" means "including
but not limited to".
If any provision of this Agreement is found by a court of
competent jurisdiction to be invalid or unenforceable, then
this Agreement will remain in full force and effect and will
be reformed to be valid and enforceable while reflecting the
intent of the parties to the greatest extent permitted by
law. You must file any claim or suit related to the Website
within one year after it arises.
Except as otherwise expressly provided herein, this
Agreement sets forth the entire agreement between JAR
Networks and you regarding its subject matter, and supersedes
all prior agreements, promises, or representations, whether
written or oral, regarding such subject matter.
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