terms and conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE JYNGLE.COM WEBSITE. BY USING OR ACCESSING THE JYNGLE.COM WEBSITE OR USING THE SERVICES PROVIDED BY JYNGLE, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE.

This Terms and Conditions of Use Agreement (the "Agreement") is between you and Brevient Technologies, LLC. doing business as Jyngle, LLC. ("Jyngle") and sets forth the terms and conditions under which Jyngle provides access to content and services at and through www.jyngle.com (the "Site").

ACCEPTANCE OF THE AGREEMENT

Your use of the Site and any services or Content (as defined below) available on or through the Site or through Jyngle, constitutes your acceptance, without modification, of the terms and conditions of this Agreement. By using the Site or any services provided by Jyngle, you represent and agree that you are thirteen years of age or older, are of legal age and capacity to form a binding contract or have the permission and/or legal authorization of your parent or legal guardian to enter into this Agreement, and that you are not a person barred from entering into agreements in and receiving services from the United States of America. If you do not agree with the terms and conditions of this Agreement, you agree not to access the Site or use the services provided by Jyngle. If you have any questions about this Agreement or the practices of this Site, do not use the site and please contact Jyngle at info@jyngle.com.

ADDITIONAL TERMS AND CONDITIONS

Certain features and services available on the Site may be subject to additional terms and conditions, including the payment of certain fees. All purchases of services are subject to the Jyngle Terms and Conditions of Services Agreement. Jyngle's collection and use of personal information that you may provide to Jyngle, or which may be collected from you by Jyngle, is governed by the Jyngle Privacy Policy which is expressly incorporated into this Agreement as if contained herein in its entirety.

AMENDMENT AND MODIFICATIONS TO AGREEMENTS

Jyngle may amend or make additions, deletions or modifications to this Agreement, the Jyngle Terms and Conditions of Services and Jyngle Privacy Policy at any time and without prior notice. Such amendments or modifications shall be effective upon posting the amended terms on the Site and/or e-mailing of such amendments or modifications to registered users of the Site, and you agree to be bound by such amendments or modifications for any future use of the Site or services provided by Jyngle after they are posted and/or e-mailed.

ACCOUNT MEMBERSHIP ELIGIBILITY

If you become a member or subscribe to any services offered on or through the Site, you agree to: (a) provide true, accurate, current and complete information about yourself and/or your company as prompted by the registration and order forms, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Jyngle reserves the right to terminate your account and refuse any and all current or future use of the Site and affiliated services. You are solely responsible for choosing and keeping secure your password to access your account on the Site. Jyngle bears no responsibility for your account being compromised and used without your authorization. Should you become aware of unauthorized activity on your account, you agree to notify Jyngle immediately. You further agree not to share user names or passwords, which is expressly prohibited, unless authorized in writing by Jyngle. You further agree not to reverse engineer, hack, spam, block, disrupt, or otherwise change or alter, or attempt to change or alter, the Site.

CHILDREN UNDER 13

Jyngle does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register with Jyngle. If you are under 13, please do not send any information to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to Jyngle or be a user of Jyngle.s services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at marketing@jyngle.com.

USER CONDUCT

You understand that the services provided by Jyngle are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your Jyngle account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree that you may not use the services provided by Jyngle or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. In addition, you agree not to use the services provided by Jyngle or the Site to:

upload, post, email, transmit or otherwise make available any content that Jyngle, in its sole discretion, deems to be harmful, threatening, abusive, harassing, vulgar, obscene, or hateful, or is racially, ethnically, religiously, or otherwise offensive;
engage in any activities in violation of any applicable local, state, national, regional, or international law, rules, or regulations;
transmit any material that infringes any copyright, patent, trade secret, or other proprietary or privacy right of any third party;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation;
upload, post, email, transmit or otherwise make available any material that 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;
intimidate or harass another; or
use or attempt to use another's account, service or system without authorization from Jyngle, or create a false identity on the Site.

Jyngle may terminate your ability to access the Site or use the services provided by Jyngle at any time and for any reason in its sole discretion. Jyngle reserves the right at any time from time to time and without notice to modify or discontinue, temporarily or permanently, the Site or the services it provides. You agree that Jyngle shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or the services.

If Jyngle identifies that you are using the Site for commercial use, Jyngle may seek to be reimbursed for any and all costs and expenses related to your usage of the Site, including reasonable attorneys' fees arising from your breach of this Agreement.

OWNERSHIP AND COPYRIGHT AND TRADEMARK NOTICE

This Site is owned and operated by Brevient Technologies, LLC., doing business as Jyngle. All content, information and materials appearing on this Site, including, without limitation, text, site design, logos, graphics, icons, images, and voice, video, and sound clips, as well as, the selection, assembly and arrangement thereof ("Content") are the sole property of Jyngle or its licensors and are protected by U.S. and International copyright, patent and trademark laws and treaties. Jyngle and its licensors expressly reserve all rights in and to such Content. You may use the Content contained on this Site and the services offered through this Site only for your own personal purposes. No Content from this Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Jyngle's or its licensor's prior written permission except as explicitly permitted in this Agreement.

All content, information, and materials you upload to the Site or provide to Jyngle using the services offered by Jyngle, including, without limitation, text, graphics, icons, images, and voice, video, and sound clips shall become the property of Jyngle immediately upon their upload or transmission and you hereby assign and agree to assign all rights in such materials to Jyngle. Jyngle may store, delete, retain, or dispose of such materials in its sole discretion and shall be under no obligation to retain such materials for any particular period of time.

All software used on the Site, to provide services through the Site, and to operate the Site is the sole property of Jyngle or its licensors and may not be used elsewhere without prior written permission. Certain patents, trademarks, copyrights and other content or proprietary information used on this Site may be owned by third parties not affiliated with Jyngle and are being used under license and with permission by Jyngle under various agreements.

UNSOLICITED IDEAS

Jyngle welcomes your comments and feedback about the Site or about its services; however, Jyngle, in its sole discretion, reserves the right to use or not use any ideas, content, materials, or suggestions you submit without any express or implied obligation, contract or compensation to you. All ideas, materials, or suggestions (including, without limitation, unsolicited ideas, suggestions, or materials) submitted shall become the property of Jyngle and Jyngle may use such ideas, materials, or suggestions in whole or in part at Jyngle's sole discretion without compensation or credit to you.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE OR PROVIDED BY JYNGLE ARE PROVIDED "AS IS" AND "AS AVAILABLE". JYNGLE MAKES NO WARRANTY THAT THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SITE AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM UTILIZATION OF THE SITE AND ITS CONTENT OR THE SERVICES PROVIDED BY JYNGLE. TO THE GREATEST EXTENT PERMISSIBLE UNDER LAW, JYNGLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE; NON-INFRINGEMENT; OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE EXPRESSLY CONTAINED IN THIS AGREEMENT OR ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.

DISCLAIMER AND LIMITATION OF LIABILITY

IN NO EVENT SHALL JYNGLE, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO THE SITE OR SERVICES PROVIDED BY JYNGLE, EVEN IF JYNGLE IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT JYNGLE, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF THE SITE OR THE PROVISION OF SERVICES BY JYNGLE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES EVEN IF JYNGLE IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Jyngle and its subsidiaries, affiliates, related companies, employees, officers, directors, agents, telecommunications providers, and content providers from all claims, demands, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from your breach of this Agreement, your violation of the rights of any third parties using the services provided by Jyngle or the Site, or your violation of any federal, state, local or other applicable laws, rules, or regulations using the service provided by Jyngle or the Site.

SECURITY

Jyngle takes steps to ensure that all information collected is treated securely and in accordance with this Agreement and the Jyngle Privacy Policy. Unfortunately, no data transmission over the Internet or telephone can be guaranteed to be 100% secure. Accordingly, Jyngle cannot ensure or warrant the security of any information you transmit to Jyngle. Therefore, any transmission of information by you to Jyngle is done at your own risk. When Jyngle receives your transmission, Jyngle makes commercially reasonable efforts to ensure the security of your information on our systems.

JURISDICTION, VENUE, AND NOTICES

You agree that any legal action brought against Jyngle by you or against you by Jyngle shall be governed by the laws of the state of Wisconsin without regard to its conflict of law principles. You agree that the exclusive jurisdiction and venue for any litigation arising from or relating to the Site, your access and/or use of the Site, this Agreement, the Jyngle Privacy Policy, and the Jyngle Terms and Conditions of Services Agreement shall be an appropriate federal or state court located in Milwaukee, Wisconsin, and you irrevocably consent to the exclusive jurisdiction and venue of such courts. If either party files suit or engages in other legal process to enforce the terms and conditions of this Agreement or the Jyngle Terms and Conditions of Services Agreement, or to collect monies owed by reason of this Agreement or the Jyngle Terms and Conditions of Services Agreement, the prevailing party in any such litigation shall be entitled to recover its reasonable attorneys fees and costs in connection with such enforcement efforts. You agree that Jyngle may provide notices relating to this Agreement, the Jyngle Privacy Policy, and the Jyngle Terms and Conditions of Services Agreement to you, including those regarding changes, by e-mail, regular, mail, and/or postings to the Site.

ENTIRE AGREEMENT

The Agreement and the Jyngle Privacy Policy constitutes the entire agreement between you and Jyngle and governs your use of the Site and the services provided by Jyngle, superseding any prior agreements between you and Jyngle with respect to the Site and the services provided by Jyngle. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Jyngle services, affiliate services, third-party content or third-party software using the Site.

WAIVER AND SEVERABILITY

The failure of Jyngle to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties. intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.