Effective Date: June 13, 2018
Welcome to Jugl!
We are creating software to make it easier to be a working parent and keep busy families on the same page.
The terms “you” and “your” and the like refer to you as the one entering into these terms, as well as the other members of your family and other individuals who will use the Services. You represent that you have the authority to enter into these terms on behalf of those other persons.
By using, accessing or browsing the Jugl platform and products including applications, mobile, software, websites or other properties owned or operated by Jugl or by registering for a Jugl account (“Services”), you agree to be bound by these Terms for the Services provided by Jugl. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH JUGL ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Jugl may amend these Terms from time to time. Amendments will be effective upon Jugl’s posting of such updated Terms at this location. Your continued access or use of the Services after such posting confirms your consent to be bound by these Terms, as amended. If Jugl changes these Terms after the date you first agreed to these Terms (or to any subsequent changes to these Terms), and you reject any such changes, your sole recourse is to immediately discontinue use of the Service.
By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against Jugl on an individual basis in arbitration, as set forth in this Section 2 (such section being referred to in this Agreement as the “Arbitration Agreement”). This will preclude you from bringing any class, collective, or representative action against Jugl, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Jugl by someone else.
Agreement to Binding Arbitration Between You and Jugl.
You and Jugl agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to these Terms, will be settled by binding arbitration between you and Jugl, and not in a court of law.
You acknowledge and agree that you and Jugl are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Jugl otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Jugl each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/consumer or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Illinois.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Illinois and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Location and Procedure.
Unless you and Jugl otherwise agree, the arbitration will be conducted in Chicago, Illinois. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Jugl submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, only to the extent provided under applicable law.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Notwithstanding the provisions in Section 1 above, regarding consent to be bound by amendments to these Terms, if Jugl changes this Arbitration Agreement after the date you first agreed to these Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Jugl written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. This written notice must be provided by email from the email address associated with your Account to: [email protected]. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Jugl in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to these Terms (or to any subsequent changes to these Terms).
Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
The Services comprise website access, mobile applications and related services, which provide information to families and enable families to communicate and manage their schedules. The Services are made available solely for your personal, non-commercial use.
You may only sign up for the Services if you have the legal capacity to form a binding contract with Jugl. In addition, if you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Services, and your parent or legal guardian must read and agree to these Terms prior to your using the Services.
Use of the Services requires that you register and/or create an account (“Account”). To register and create an Account, you must create a username and password and provide certain personal information. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Jugl has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Jugl has the right to block your current or future use of the Services (or any portion thereof).
You are responsible for maintaining the confidentiality and security of your Account and password and for all activities or any other actions that occur under or are taken in connection with your password or Account. You agree to immediately notify Jugl of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. Jugl will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.
With the exception of User Content (defined below), the Services and everything on them, from text to photos to videos to graphics and software, (collectively, the “Materials”) are owned by or licensed to Jugl. The Services and the Materials are protected by copyright, trademark, trade dress, patent, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries. Except as otherwise indicated on the Services and except for the trademarks, service marks, logos and trade names of other companies that are displayed on the Services, all trademarks, service marks, logos, trade dress and trade names are proprietary to Jugl, including without limitation the word JUGL, Calendar Sunday, JuglAssist and the juggling monkey design.
Jugl hereby grants to you a limited, non-exclusive, non-transferable and revocable license to access and use the Services and/or the Materials for your personal use, solely as expressly permitted by these Terms and subject to all the terms and conditions of these Terms, all applicable intellectual property laws, and any Additional Terms (as defined below) contained on the Services. Any other use of the Services and/or the Materials is strictly prohibited. No Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission. Nothing contained on the Services should be interpreted as granting to you any license or right to use any of the Materials and/or third party proprietary content on the Services without the express written permission of Jugl or the appropriate third party owner, as applicable.
If you download any software from the Services, you may not redistribute, sell, decompile, reverse engineer, reverse assemble, disassemble, or otherwise reduce the software to a human-perceivable form.
The Services allow you to upload, share and view content such as text, images, and data (“User Content”). You represent and warrant that you are the owner of and/or otherwise have the right to upload and use the User Content through the Services. You agree that you will not upload any User Content that infringes any third party intellectual property rights (e.g., copyright, trademark, trade secret, patent), is harassing, unlawful, obscene or otherwise objectionable, or violates any third party’s rights.
You grant Jugl an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute and/or otherwise use User Content to provide you with the Services in all forms of media now known or hereafter invented without notification to and/or approval by you.
If you believe content posted on the Services infringes your copyright rights, please provide the Jugl Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location of the Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) 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. Correspondence to our Copyright Agent regarding notice of claims of copyright infringement should be addressed to: Jugl, 222 W. Merchandise Mart Plaza, Suite 1212, Chicago, IL 60654, Attention: Copyright Enforcement.
By accessing the Services, you agree:
You agree that the consequences of commercial use or re-publication of User Content or Materials from the Services or other violations of the foregoing may be irreparable and monetary compensation may not be a sufficient or appropriate remedy. Accordingly, Jugl will be entitled to seek, without being required to post any bond, temporary and permanent injunctive relief against such activities.
You may provide, or Jugl may request, input or feedback regarding the Services, including, without limitation, comments or suggestions regarding the possible creation, modification, correction, improvement or enhancement of a portion of the Services or another Jugl site, service or product (“Feedback”). You hereby assign to Jugl all right, title and interest in and to such Feedback. Jugl will be entitled to use Feedback for any purpose without restriction or remuneration of any kind.
Jugl may monitor any and all use of the Services but is under no obligation to do so. Jugl may manage the Services in a manner intended to protect its property and rights and to facilitate the proper functioning of the Services. If any User Content is otherwise inappropriate, in Jugl’s sole judgment, Jugl may change, delete or remove, in part or in full, any such User Content or Materials; and Jugl further reserves the right to terminate or suspend access to any Interactive Areas or any Services. Jugl will cooperate with local, state and/or federal authorities to the extent permitted by applicable law.
THE SERVICES, THE MATERIALS AND ALL OTHER CONTENT ON THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, JUGL DISCLAIMS, WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO THE MATERIALS AND ALL OTHER CONTENT ON THE SERVICES, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. JUGL DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THE MATERIALS AND/OR THE OTHER CONTENT ON THE SERVICES WILL BE SECURE, UNINTERRUPTED AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE SERVICES, THE MATERIALS AND/OR OTHER CONTENT ON THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. JUGL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, THE MATERIALS AND/OR ANY OTHER CONTENT ON THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE. YOU (AND NOT JUGL) ASSUME THE ENTIRE COST OF RELATING TO YOUR USE OF THE SERVICES, THE MATERIALS AND/OR OTHER CONTENT ON THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.
JUGL SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF JUGL, EVEN IF JUGL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. JUGL ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SERVICES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL JUGL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR NEGLIGENCE EXCEED (A) THE AMOUNT PAID BY YOU TO JUGL, IF ANY, OR (B) $100 (WHICHEVER IS LESS). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Services may contain links to websites that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions (“Third Party Websites”). Jugl does not review, monitor, operate or control the Third Party Websites and Jugl makes no guarantees, representations or warranties as to, and shall have no liability for, the content available on or through the functioning of the Third Party Websites. By providing access to Third Party Websites, Jugl is not recommending or otherwise endorsing the products or services provided by or through those websites. Your access or use of the Third Party Websites, including providing information, materials or other content to the Third Party Websites, is entirely at your own risk. Jugl reserves the right to discontinue links to any Third Party Websites at any time and for any reason, without notice.
Your use of the Services is subject to any and all additional terms, policies, rules or guidelines applicable to Jugl’s services, such as certain features of the Services that we may post or link to on the Services (collectively, the “Additional Terms”), such as end-user license agreements, or other agreements or rules applicable to particular features, promotions or content on the Services. All such Additional Terms are hereby incorporated into these Terms by reference.
These Terms are governed by and construed in accordance with the laws of the State of Illinois, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Illinois residents to assert claims under Illinois law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of Illinois law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Illinois law to you if you do not otherwise reside in Illinois. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable disputes as defined therein. Instead, as described in Section 2, the Federal Arbitration Act shall apply to any such disputes.
Jugl may give notice by means of a general notice on the Services, electronic mail to your email address in your account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Jugl, with such notice deemed given when received by Jugl, at any time by email to: [email protected].
You may not assign these Terms without Jugl’s prior written approval. Jugl may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Jugl’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Jugl or any third party as a result of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Jugl’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Jugl in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.