- Contractual Relationship
By accessing or using the Services, you confirm your agreement to be bound by these Terms. 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. Jove may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason, including your violation of these Terms.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH JOVE ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Supplemental terms may apply to the “Buyer” application and/or the “Agent” application, and such supplemental terms will be disclosed to you in separate application-specific disclosures or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Jove may amend the Terms from time to time. Amendments will be effective upon Jove’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Jove will take reasonable steps to alert you to amendments to these Terms, including by contacting you at the email address provided in connection with the creation of your Account (as defined below). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended.
- Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Jove on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Jove, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Jove by someone else.
Agreement to Binding Arbitration Between You and Jove.
You and Jove 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 the Terms, will be settled by binding arbitration between you and Jove, and not in a court of law.
You acknowledge and agree that you and Jove 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 Jove 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 Jove 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 www.adr.org 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 the 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 the 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 Commonwealth of Pennsylvania.
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 Commonwealth of Pennsylvania 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 Jove otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Jove 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. The prevailing party in arbitration will be entitled to an award of attorneys’ fees and expenses, 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.
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
The Services comprise mobile applications and related services (each, an “Application”), which enable users to request, arrange, and schedule showings and viewings of real property currently listed for sale on the MLS system, including with third party providers of such services under agreement with Jove or certain of Jove’s affiliates (“Third Party Providers”), and/or to communicate with Third Party Providers or other users in connection with requesting, arranging, and scheduling showings and viewings of real property. For the avoidance of doubt, all users of the “Agent” Application are considered Third Party Providers in connection with any contacts they have with users of the “Buyer” Application. Unless otherwise agreed by Jove in a separate written agreement with you, users of the “Buyer” Application may only utilize the Services for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO REQUEST, ARRANGE, AND SCHEDULE SHOWINGS AND VIEWINGS OF REAL PROPERTY CURRENTLY LISTED FOR SALE ON THE MLS SYSTEM OBTAIN THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH JOVE AS A PROVIDER OF SUCH SERVICES.
Subject to your compliance with these Terms, Jove grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use; provided that users of the “Agent” Application may use the content, information and related materials that may be available through the Services in order to initiate commercial relationships, provided, further, that Jove is not party in any way to such relationships, and disavows, refuses, declines, and rejects any participation in such relationships. Any rights not expressly granted herein are reserved by Jove and Jove’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Jove; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services.
You acknowledge that portions of the Services may be made available under Jove’s various Applications, including “JOVE-Buyer”, “JOVE-Agent”, the “Buyer” Application, and the “Agent” Application You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Jove’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including licensed real estate agents and licensed real estate brokers.
Limitation of the Services.
The Services offered by Jove provide the ability to search real property and to communicate directly with other buyers or agents. JOVE DOES NOT, AND THE SERVICES ARE NOT INTENDED TO, PROVIDE FINANCIAL OR REAL ESTATE ADVICE. Jove does not participate in, offer, or advise users in connection with making offers to purchase real property, listing agreements, contracts with any real estate agent or broker, contract execution, loan origination, or any other services beyond the Services explicitly offered in the Applications. Jove makes no representations or warranties about the suitability of properties or the abilities of any real estate agents or brokers using the Services. Users are advised to review Sections 4 and 6 of these Terms and to take any necessary steps to protect your safety or to secure advice in connection with the home-buying process.
Third Party Services and Content.
The Services and all rights therein are and shall remain Jove’s property or the property of Jove’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Jove’s company names, logos, product and service names, trademarks or services marks or those of Jove’s licensors.
- Access and Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Jove certain personal information, such as your name, address, mobile phone number and age, and, with respect to certain Applications, at least one valid payment method supported by Jove. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file (if required in connection with your use), may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You may not share your Account with others. Unless otherwise permitted by Jove in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize other persons or third parties to use your Account, and you may not arrange for persons under the age of 18 to receive the Services from Jove or Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
If you choose to contact a non-affiliated real estate agent or broker, lender, financial institution, originator, loan broker, or mortgage professional through the Services, including any user of the “Agent” Application or other Third Party Provider, by filling out a contact, other request form or otherwise indicating your interest in contacting a Third Party Provider (including requests for rate quotes) or setting up a showing or viewing with a Third Party Provider on the Services, you authorize Jove to provide the information you submit to the Third Party Provider. If you include your name, contact information and other information in a request, your identity will no longer be anonymous to the Third Party Provider. Your submission of information and any request for quotes through the Services is not an application for credit. Jove is only providing an administrative service to users and participating Third Party Providers. Decisions regarding Third Party Providers contacting users are made by participating Third Party Providers and not Jove. Consumers should rely on their own judgment in deciding which Third Party Provider(s) best suit their needs. YOU ACKNOWLEDGE THAT YOUR CHOICE TO CONTACT THIRD PARTY PROVIDERS THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH JOVE AS A PROVIDER OF THE SERVICES OFFERED BY SUCH THIRD PARTY PROVIDERS.
If you use the “Agent” Application, you may use the Services to provide information, to the extent permitted by applicable law, to your clients, including clients developed through the Services. By using the “Agent” Application, you represent and warrant to Jove that you are a real estate agent or broker licensed in the jurisdiction in which you use the Services, and that you are incompliance with all applicable laws and regulations regarding your real estate activities. You represent to Jove that you maintain adequate insurance as required under applicable laws and regulations. Jove has no duty to verify your licensure, but upon becoming aware of any termination, suspension, or revocation of your license, Jove shall be permitted to terminate your User Account, without refund of any amounts previously paid to Jove. BY USING THE “AGENT” APPLICATION, YOU WAIVE ANY AND ALL RIGHTS TO PROCURING CAUSE, EXCEPT TO THE EXTENT SUCH RIGHTS ARE ESTABLISHED PURSUANT TO A SEPARATE AGREEMENT WITH A USER. YOU WAIVE ALL CLAIMS AGAINST JOVE, AND RELEASE JOVE FROM ALL CLAIMS, RELATED TO PROCURING CAUSE.
Text Messaging and Telephone Calls.
You agree that Jove may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an Jove account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services.
User Provided Content.
Jove may, in Jove’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Jove through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and initiation of contact requests to and/or communications with Third Party Providers (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Jove, you grant Jove a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Jove’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. To the extent you add User Content by linking to a Facebook account, you authorize Jove to access and use certain Facebook account information, including but not limited to your public Facebook profile.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Jove the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Jove’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Jove in its sole discretion, whether or not such material may be protected by law. Jove may, but shall not be obligated to, review, monitor, or remove User Content, at Jove’s sole discretion and at any time and for any reason, without notice to you. Although Jove reserves the right to review and remove User Content that violates this Agreement, such User Content is the sole responsibility of the user who posts it, and Jove cannot guarantee that all User Content will comply with this Agreement.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Jove does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
From time to time, or as required by certain Applications, Jove may offer products and services for purchase (“Charges”) through Apple, Google, Microsoft, carrier billing, Jove direct billing or other payment platforms authorized by Jove. If you choose to incur a Charge, you will be required to provide payment details and to authorize the Charge(s) at the prices displayed to you for the Service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Jove or the third party account, as applicable, to charge you.
If you purchase an auto-recurring periodic subscription, your payment method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your third party account (or User Account settings on Jove) and follow instructions to cancel your subscription, or to contact Jove directly at email@example.com to cancel your subscription. Deleting an Application from your device does not cancel active subscriptions. Jove will retain all funds charged to your payment method until you cancel your subscription in accordance with this paragraph. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
If you pay Jove directly, Jove may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your payment method, Jove may terminate your account immediately in its sole discretion.
You may edit your payment method information by contacting Jove directly. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
Generally, all Charges are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if the laws applicable in your jurisdiction provide for refunds, or in our sole discretion.
- Disclaimers; Limitation of Liability; Indemnity.
SAFETY, PROPERTY VISITS, AND INTERACTIONS WITH OTHER USERS.
Though Jove strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate in order to arrange a showing or viewing through the Services, it is not responsible for the conduct of any user or Third Party Provider on or off of the Services. You agree to use caution in all interactions with other users and Third Party Providers, particularly if/when you decide to communicate off the Service or meet in person for a real estate showing or viewing.
Jove does not inspect properties, verify real estate listings and photographs or videos, or guarantee the conditions of any real property.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND THIRD PARTY PROVIDERS AND YOUR SAFETY IN VIEWING ANY REAL PROPERTY MARKETED ON THE APPLCIATION. YOU UNDERSTAND THAT JOVE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR THIRD PARTY PROVIDERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS OR THIRD PARTY PROVIDERS. JOVE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THIRD PARTY PROVIDERS. JOVE RESERVES THE RIGHT TO CONDUCT – AND YOU AGREE THAT JOVE MAY CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS; PROVIDED THAT JOVE IS UNDER NO OBLIGATION TO DO SO, OR TO INFORM USERS OF THE RESULTS OF SUCH SEARCHES OR SCREENINGS.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” JOVE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, JOVE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. JOVE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
JOVE 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 JOVE, EVEN IF JOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
JOVE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER OR ANOTHER USER; OR (iii) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR USER CONTENT OR ACCOUNT, EVEN IF JOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. JOVE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND JOVE’S REASONABLE CONTROL.
IN NO EVENT SHALL JOVE OR ANY OF ITS SUBSIDIARIES, REPRESENTATIVES, AFFILIATES, OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE TO YOU IN THE AFFREGATE FOR ANY AMOUNT GREATER THAN THE CHARGES PAID BY YOU IN THE MONTH IMMEDIATELY PRECEDING THE FILING OF YOUR CLAIM OR DEMAND.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, JOVE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON JOVE’S CHOICE OF LAW PROVISION SET FORTH BELOW.
You agree to indemnify and hold Jove and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Jove’s use of your User Content; (iv) your interactions and/or communications with any other user or Third Party Provider; and/or (v) your violation of the rights of any third party, including Third Party Providers.
- Other Provisions
Choice of Law.
These Terms are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. 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.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to firstname.lastname@example.org.
Jove 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 Jove, with such notice deemed given when received by Jove, at any time at email@example.com.
You may not assign these Terms without Jove’s prior written approval. Jove may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Jove’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, Jove or any Third Party Provider as a result of this Agreement 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. Jove’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 Jove in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.