JNDMR

JNDMR Terms & Conditions

Date of Last Revision: June 10, 2023

JNDMR . ("JNDMR," "we," "us," "our") provides its services (described below) to you through its website located at # (the "Site") and through its related services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). These Terms of Service form a legally binding agreement ("the Agreement") between you and JNDMR, its parents, subsidiaries, representatives, affiliates, officers and directors governing your use of the Service. We reserve the right, at our sole discretion, to update or modify portions of these Terms of Service at any time. If and when we do this, we will post the updates on this page with an updated date these terms were last revised. We will endeavor to notify you of material changes to the Terms, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective immediately and your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable). If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST JNDMR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE JNDMR SITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at #

 

All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service

What is “Service”: The Service (also called marketplace) is a technology platform that allow MR to browse and book a doctor.

Your Registration Obligations: You may be required to register with JNDMR  in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Policy. The Service is available only to individuals who form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to minors (people under the age of majority in their state or province of residence) or to temporarily or permanently suspended users of the Service (both Customers and Sellers). If you do not qualify, please do not use the Service. Additionally, JNDMR  reserves the right to refuse access to, or use of the Service to, anyone who breaches these Terms of Service or for the reasons related to the safety of the JNDMR Community including the Doctors , MR. You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify JNDMR  of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. JNDMR  will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service: JNDMRreserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that JNDMRshall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that JNDMR may establish general practices and limits concerning use of the Service. You agree that JNDMR has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that JNDMR reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that JNDMR reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Device: You agree that we may communicate with you regarding JNDMR and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of our Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your JNDMR account information to ensure that your messages are not sent to the person that acquires your old number. You acknowledge and agree that your use of the Service must be in accordance with the usage rules established by your mobile device platform or service provider.

By registering for and using JNDMR  and providing your contact information, you are consenting to be contacted by JNDMR or the Private Chefs by telephone, text message (which may be automated), email, fax, telephone or any means, even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company. In the event you no longer want to receive communications from JNDMR or the private chefs, you may opt-out of various contact methods by emailing support@jndmr.com

Conditions of Use

User Conduct: You are solely responsible for all descriptions, pictures, listings, information, data, text, music, sound, graphics, video, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or email or otherwise use via the Service. The following are examples of the kind of content and/or use of the Service that is illegal or prohibited by JNDMR. JNDMR reserves the right to investigate and take appropriate legal action against anyone who, JNDMR’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

a) sell, post or otherwise transmit any content or information relating to a Service and/or Meal offering or any other content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to sell or transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "contests," "sweepstakes," or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of JNDMR , is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose JNDMR or its users to any harm or liability of any type; b) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; c) solicit personal information from anyone under the age of 18; d) harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; e) advertise or offer to sell or buy any goods or services other than the private chef services intended to be offered on hire and purchased through the Service; f) use the Service to request private chef cervices and make or accept a Meal independent of the Service, to circumvent any fees (including paying cash for service) that would otherwise apply to such transaction; g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; h) violate any applicable local, state, national or international law, or any regulations having the force of law; i) engage in any activities that violate the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. and its regulations at 47 C.F.R. § 64.1200; the Do-Not-Call Implementation Act, 15 U.S.C. § 6101 et seq.; or any similar anti-spam, data protection, or privacy legislation in any jurisdiction; j) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or k) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service; l) Request future services of private chefs hired on JNDMR to be done on any other platform/marketplace or in any other form that is not related to JNDMR website or marketplace


User Representations, Warranties and Agreements. All Users represent and warrant that:

  • You are at least of the legally required age in the jurisdiction in which you reside and are otherwise capable of entering into binding contracts;
  • You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide;
  • You have read, understand and agree to be bound by these Terms of Service and the Privacy Policy
  • You will respect the privacy (including without limitation private, family and home life) and data protection rights of Users with whom you communicate through the JNDMR App
  • You will fulfill the commitments you make to other Users, communicate clearly and respectfully, deliver groceries as requested and prep Meals at the agreed time and only utilize the third party payment service provider specified or approved by the Company to make or receive and make payment through the JNDMR
  • You will act professionally and responsibly in your interactions with other Users;
  • You will use your real name or business name on your profile;
  • When using or accessing the JNDMR Marketplace, including when preparing, packaging meals and delivering groceries, or cleaning the kitchen top and loading the dishwasher, you will act in accordance with all applicable local, state and federal laws and regulations and in good faith;
  • Users, specifically the customers agree to let Private Chef hired to enter their home and use

       kitchen ware and utensils needed to prep meals. It is upon the customers to decide if they

       want to let the Private Chef in their home alone.

  • You do not have any motivation, status, or interest that the Company may reasonably wish to know about in connection with the JNDMR , including without limitation, if you are using or will or intend to use the JNDMR for any journalistic, academic, investigative, or unlawful purpose.
  • You agree that JNDMR is not responsible for any of the Private Chef’s behavior towards the Customer and damage caused to kitchenware, utensils, kitchen area while the meals are being prepped and cooked by the Private Chef
  • You agree that JNDMR will not be issuing refunds for any orders and that all orders and charges made to it are final.
  • You agree that in the event, your card is expired and you refuse to pay JNDMR  via alternative payment method, JNDMR reserves the right to reach out to Collection Agency to recover the charges.
  • You agree and provide guarantee that any animals or pets in the house will not harm the Private Chef.
  • You agree that all charges are final and that JNDMRhas no refund policy.
  • You agree that in the event if the Customer decides to not request private chef to pick groceries, it is incumbent upon the customer to make sure the groceries are brought in and are ready for meal prep before the Private Chef arrives.
  • Customers agree that you will not request the private chef to sell his future services to you on any other platform or marketplace or execute a transaction in any form that is not related to JNDMR website or marketplace

 

Sellers additionally represent and warrant that:

  • When offering your Private Chef services for hire through the JNDMR you are operating as a sole proprietor, partnership, limited liability company, limited partnership, corporation or other business entity;
  • You are engaged in an independently established business offering your services for hire to Clients through the JNDMR , and maintain an independent clientele;
  • You have the unrestricted right to earn income in the jurisdiction in which you will be offering your services for hire;
  • If you offer your services in a jurisdiction that requires you to have a license(s) and/or tax registration, you must have the required license(s) or tax registration;
  • You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering your services through the Marketplace.
  • You have any and all insurance required to operate your business and offer your services through the Marketplace;
  • You will use your real name or business name and an up-to-date photo on your profile along with photos of your own meals and not use photos of meals prepped by someone other than yourself;
  • You will honor your commitments to other Users of the Marketplace, including by fulfilling orders on time and as agreed upon with your Customer and providing timely, high-quality food to your Customers;
  • You will only prep food safely and in accordance with all applicable laws;
  • For each item you cook and prep, you will disclose each and every ingredient to your Customers including but not limited to each major allergen as defined by local, state or federal law;
  • You will not prep meals at any other location that is not your client’s whose order you are fulfilling and deliver it to your client.
  • You agree that we will have to perform a background check on your including obtaining information about you, like your criminal records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement;
  • You will pay all applicable federal, state and local taxes based on income earned from offering your services for hire (note, the platform will collect and remit taxes for the sale of food where applicable);
  • You agree not to market your meals or your services in a false or misleading manner including but not limited to not making false representations or claims about the nutritional value of your meals.
  • You agree that you will have your own menu list prepared in accordance with the design provided by JNDMR
  • You agree that in exceptional cases, you may be required to bring your own kitchen ware if needed.
  • You agree that JNDMR will not be providing packaging material for meals prep and any packaging material should be bought by the customers or the seller
  • You agree that you will maintain decorum in the customer’s home and perform your tasks in a timely manner.
  • You agree that JNDMR is not responsible for providing logistics to purchase groceries and reaching the address for the meal prep
  • You agree that once the service is complete, you will seize all communications with the customer until the next time the same customer hires your Private Chef services on JNDMR .
  • You agree that you will load the dishwasher and clean up the kitchen after the meal prep is complete
  • You agree that in the event you have picked up the groceries for a service scheduled but the user cancels the service, you will still deliver the groceries to the user.
  • You agree that all the meals will be cooked based on preferences and requests entered by the client/user including keeping in mind allergies as stated by the users.
  • You agree that you will complete the meal prep within a 3 hour shift for which you will be paid 2$ which amounts to $29 per hour and 11.99$ for grocery pick up if requested. For cancellation charges as stated in Cancellation policy, you will be paid $43.99.
  • You agree that, while JNDMR has no refund policy, under exceptional and rare cases, at their own discretion, if JNDMR deems it necessary to refund and if the reason is associated with behavior of the Private Chef towards the client or the customer, JNDMR reserves the right to not pay the seller any amount for that order and instead refund that entire order to the customer.
  • Sellers agree that they will not share their personal phone numbers or email address to the customer with the intention of doing future transaction or selling any future private chef services to them on any other platform or marketplace that is not related to JNDMR website or marketplace

 

 

Ingredients and Allergens: JNDMR is not responsible for the accuracy of the information and labeling of Meals prepped by the Private Chef for the Customers. Customers should be advised that Meals may be prepared using the same equipment that is used to prepare Meals containing other allergens even if the allergen is marked as being absent from the food. JNDMR shall not be liable for any illness, health problem, or other damages that may result from any order or consumption of any Meals and related items pepped by the private chef hired through the Service. Customers must inform private chef of any food allergies so that the private chef can notify the customer of the allergens in meals listed in the menu.

Seller Insurance: JNDMR maintains insurance for its own business operations but it does not maintain insurance for the actions of Sellers or Customers. If you are a Seller, JNDMR recommends that you obtain appropriate insurance to cover the delivery of groceries and preparation of Meals. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Customers or any third party service.

Customer Review Guidelines: To the extent you are a Customer, JNDMR may allow you to upload content, add star rating and leave reviews regarding your experience with the services offered by private chef hired through JNDMR . JNDMR may accept, reject or remove reviews/ratings and any associated content in its sole discretion. Those Customers posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct;; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by JNDMR and do not represent the views of JNDMR or of any affiliate or partner of JNDMR . JNDMR  does not assume liability for any review or for any claims, liabilities or losses resulting from any review. Any review you post will be considered User Content (as defined below).

Marketplace Risk: JNDMR is not affiliated with or endorsed by any Seller or entity made available through the Service. Beyond its capacity as a marketplace and technology platform, JNDMR is not a party to or involved in any transaction between Customers and Sellers, and does not act as a Customer, Seller (or affiliate for a Customer or Seller) or broker with respect to any transactions. There are risks that you assume when dealing with other users (including those who may be acting under false pretenses) and all of these risks are borne by you, and not JNDMR. We encourage you to use the various functionalities of the Service (e.g., Seller profiles, menu options, chat features and user reviews) to help evaluate the user with whom you are dealing.

Sellers as Independent Business Owners / Independent Contractors: Users of the Service acting in the capacity of a Seller do so in their personal capacity as an independent business and independent contractor and not as an employee of JNDMR . As a Seller, you agree that: (i) you are either an independent contractor and not an employee of JNDMR ; (ii) you shall be solely responsible for determining the means and manner of the work performed to create the meals you listed on your profile, on the Marketplace; (iii) these Terms of Service do not create an association, joint venture, partnership, franchise, or employer/employee relationship between you and JNDMR , or you and a Customer; (iv) you will not represent yourself as an employee or agent of JNDMR  to any Customer; (v) you will not be entitled to any of the benefits that JNDMRmay make available to its employees, such as vacation pay, sick leave, and insurance programs, including group health insurance or retirement benefits; and (vi) you are not eligible to recover contributor's compensation benefits in the event of injury. As a Seller, you will not engage a Customer in any way that may jeopardize your status as an independent business or an independent contractor. (vii) You agree and accept that JNDMR will set the price for the services offered by the Private Chef on its marketplace.

JNDMR does not control the behavior of users of the Service or the information or User Content (defined below) provided by other users. As a result, JNDMRdoes not guarantee or endorse the legality, authenticity, quality, or safety of any Meals offered or sold, the truth or accuracy of any listings, or the ability of Sellers to sell Meals or of Customers to buy Meals. We cannot assure that all transactions will be completed. Additionally, JNDMR does not guarantee the ability or intent of users to fulfill their obligations in any transactions. JNDMR reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting JNDMR and its users from illegal or wrongful activities or other violations of these Terms of Services.

Promotions; Credits: JNDMR may from time to time offer Users certain promotions, incentives or credits ("Promotions") towards the booking of a private chef and/or fees associated with use of the platform, and Users may use such Promotions in accordance with their terms. The application of the Promotion will be reflected at the time of checkout and on the receipt of purchase.


Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by JNDMR , you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by JNDMR from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of JNDMR, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by JNDMR.

The JNDMR name and logos are trademarks and service marks of JNDMR (collectively the "JNDMR "). Other JNDMR , product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to JNDMR. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of JNDMR Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of JNDMR Trademarks will inure to our exclusive benefit.

Third Party Material: Under no circumstances will JNDMR be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that JNDMR does not pre-screen content, but that JNDMR and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, JNDMR and its designees will have the right to remove any content that violates these Terms of Service or is deemed by JNDMR, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content, you hereby grant and will grant JNDMR and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to JNDMR are non-confidential and non-proprietary, and JNDMR will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that JNDMR may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of JNDMR, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Copyright Complaints: JNDMR respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify JNDMR of your infringement claim in accordance with the procedure set forth below.

JNDMR will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to JNDMR at support@jndmr.com (Subject line: "DMCA Takedown Request").


To be effective, the notification must be in writing and contain the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; • a description of the copyrighted work or other intellectual property that you claim has been infringed; • a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; • your address, telephone number, and email address; • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: • your physical or electronic signature; • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Philadelphia, PA and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, JNDMR will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, JNDMR has adopted a policy of terminating, in appropriate circumstances and at JNDMR sole discretion, users who are deemed to be repeat infringers. JNDMR may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.



Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. JNDMR has no control over such sites and resources and JNDMR is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that JNDMR will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that JNDMR is not liable for any loss or claim that you may have against any such third party.

Social Networking; Other Third Parties: From time to time, we may allow you to register for the Service using third party services and otherwise enable various third party services (e.g., delivery if permitted) to be directly integrated into your JNDMR experience. By directly integrating these services into the Service, we make your online experiences richer, easier and more personalized. To take advantage of these features, we may ask you to register for or log into such services on the websites of their respective providers. By enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. For more information about the implications of activating these third party services and JNDMR's use, storage and disclosure of information related to you and your use of such services within the Service (including your friend lists and the like), please see our Privacy Policy at #. However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and JNDMR shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, JNDMR is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, JNDMR is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. JNDMR enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.

Indemnity and Release

You agree to release, indemnify and hold JNDMR and its affiliates and their officers, employees, directors and agents (collectively, "Indemnitees") harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JNDMR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

JNDMR MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT JNDMR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JNDMR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL JNDMR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID JNDMR IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.


  1. Agreement to Arbitrate

    This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and JNDMR, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and JNDMR are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

    For Sellers, or Seller registrants, you may opt out of the requirement to arbitrate if you have not previously agreed to an arbitration provision in JNDMR’s Terms of Service where you had the opportunity to opt out of the requirement to arbitrate. If you have previously agreed to such an arbitration provision, you may opt out of any revisions to your prior arbitration agreement made by this version of the arbitration agreement in the manner specified below, but opting out of this arbitration agreement has no effect on any previous, other, or future arbitration agreements that you may have with JNDMR. Except as specified in this arbitration agreement, if you are a Seller, you may opt out of the Arbitration Agreement by notifying JNDMR in writing within 30 days of your agreement to these Terms of Service. To opt out, you must send a signed written notification to support@jndmr.com Attention: Legal, that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you wish to opt out of the Arbitration Agreement. b. Prohibition of Class and Representative Actions and Non-Individualized Relief

    YOU AND JNDMR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND JNDMR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

    c. Pre-Arbitration Dispute Resolution

    JNDMR is always interested in resolving disputes amicably and efficiently, and most customer concerns be resolved quickly and to the customer's satisfaction by emailing customer support at support@jndmr.cmo. If such efforts prove unsuccessful, a party who intends to seek arbitration must first email to the other a written Notice of Dispute ("Notice"). The Notice to JNDMR should be sent to support@jndmr.com. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If JNDMR and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or JNDMR may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by JNDMR or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or JNDMR is entitled.
  2. Arbitration Procedures

    Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Consumer Arbitration Rules (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes be found at the AAA's consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator award the same damages and relief on an individual basis that a court award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

    Unless JNDMR and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, JNDMR agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

    e. Costs of Arbitration

    Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.

    f. Confidentiality

    All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

    g. Severability

    If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.


    Termination

    You agree that JNDMR, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for breach of the Terms of Service, for lack of use or if JNDMR believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. JNDMR may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be affected without prior notice, and acknowledge and agree that JNDMR may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that JNDMR will not be liable to you or any third party for any termination of your access to the Service.

    User Disputes

    You agree that you are solely responsible for your interactions with any other user in connection with the Service and JNDMR will have no liability or responsibility with respect thereto. JNDMR reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

    General

    These Terms of Service constitute the entire agreement between you and JNDMR and govern your use of the Service, superseding any prior agreements between you and JNDMR with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and JNDMR agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Philadelphia, PA. The failure of JNDMR to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will 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. You may not assign this Terms of Service without the prior written consent of JNDMR, but JNDMR may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

    Your Privacy

    At JNDMR, we respect the privacy of our users. For details, please see our Privacy Policy located at #.

          By using the Service, you consent to our collection and use of personal data as outlined therein.

          Please contact us at support@jndmr.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.