Last Updated: July 26, 2017
Thank you for visiting Lobbytrack! The terms of service linked below govern the use of our Services.
TERMS OF SERVICE
1. ACCEPTANCE OF TERMS; USE OF SERVICES.
A. Jolly Technologies, Inc. (hereafter referred to as "JOLLY", "we", "us", or "our") provides an online platform named "Lobbytrack" that allows users to manage and track visits. The following terms and conditions govern all use by you as an Organizer (as defined below) of (a) the JOLLY websites and domains (collectively the "Site"), (b) any and all services available on or through the Site, and (c) all Software made available through the Site (collectively, the "Services"). By accessing and/or using the Site or Services, you acknowledge and agree that you have read and will comply with and be legally bound by, the Terms as amended from time to time ("Terms"), whether or not you become a registered user of the Site. These Terms govern your access to and use of the Site, Application and Services, and constitute a binding legal agreement between you and JOLLY. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Software, or Services. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.
You agree to receive all communications from JOLLY electronically via email and to maintain a current email address on the Site at all times. You agree that you will be deemed to have received any notice that JOLLY sends to the email address that you provide. We recommend that you check your spam folder from time to time to verify that JOLLY’s emails were not misdirected. We are not responsible for any emails you do not receive as a result of any misdirection by your email provider.
For purposes of these Terms, “Organizer” is defined as a user accessing the Services to manage and track visits using the Site. You understand and acknowledge that JOLLY is an independent intermediary providing visitor registration and tracking services for Organizers. JOLLY is not affiliated with any of the Organizers or any of the venues where the visits are held. JOLLY therefore assumes no liability relating to any visit managed on this Site, or any disputes between the Organizer and Visitor.
B. You are granted a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of managing and tracking visits that you have created on the Site. As a condition to using the Services, you agree to NOT: (i) reverse engineer or otherwise attempt to discover the source code or design of all or any part of the Site Content or Services, or otherwise create derivatives of any part of the Services or Site Content; or (ii) rent, resell, or use the Site Content or Services for timesharing, service bureau, or improper commercial purposes. You agree to use the Site Content only for purposes that are permitted by these Terms and any applicable laws and regulations. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of JOLLY.
C. JOLLY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY OF THE VISIT RECORDS AND THE LEGALITY OR SUITABILITY OF ANY VISITS. YOU UNDERSTAND AND AGREE THAT JOLLY HAS NO CONTROL OVER THE CONDUCT OF ITS USERS AND IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL VISITS. ANYONE WHO ACCESSES THE SITE, OR ATTENDS A VISIT DOES SO AT THEIR OWN RISK. BY USING THE SERVICES, YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO USER MATERIALS POSTED BY OTHER USERS THAT MAY BE OFFENSIVE, INDECENT OR OBJECTIONABLE.
D. JOLLY reserves the right, at its sole discretion, to modify the Site or Services and to amend, modify, add to or remove any portion of these Terms at any time and without prior notice. If we amend these Terms, any such amendment will be effective immediately upon JOLLY either posting the modification on the Site or via the Services or providing you with notice of the modification via email. If you continue to access or use the Site or Services after we have posted a modification on the Site or have provided you with email notice of a modification, you shall be deemed to have accepted and you shall be bound by the modified Terms. If you do not accept the modified Terms, you shall cease using the Site and Services.
E. JOLLY reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. JOLLY will not be responsible to you for a refund, in whole or part, of any fees paid for the Services. You agree that JOLLY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
2. REGISTRATION OF ACCOUNT; PASSWORDS.
A. In order to access certain features of the Site and Services, you must become a Member by registering and creating an account. The Site is intended for individuals older than 18 years of age. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
B. A JOLLY account and JOLLY account profile page for your use of the Site and Services will be created upon registration based upon the personal information you provide to us. You may not have more than one (1) active JOLLY Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. JOLLY reserves the right to suspend or terminate your JOLLY account and your access to the Site, and Services for any reason, including, without limitation, if you create more than one (1) JOLLY account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you are solely responsibility for any activities or actions under your JOLLY account, whether or not you have authorized such activities or actions. You will immediately notify JOLLY of any unauthorized use of your JOLLY account. JOLLY is not liable for any loss, damage or other liability arising from any unauthorized access to or use of your account, including any “hacking” into your account or data breach. In the event of any dispute between two or more parties as to account ownership, you agree that JOLLY shall be the sole arbiter of such dispute in its sole discretion and that JOLLY's decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
3. SITE CONTENT OWNED BY JOLLY.
A. All trademarks, service marks, logos, trade names and any other proprietary designations of JOLLY used herein are trademarks or registered trademarks of JOLLY. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. In addition, all materials, data, software, text, designs, messages, files, links, videos, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by JOLLY in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws.
B. The Services may contain links to third-party websites or resources. You acknowledge and agree that JOLLY is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by JOLLY of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
C. JOLLY may provide you with the ability to select a public handle within the Site (e.g., www.lobbytrack.com/[your public handle]). Your right to use this public handle shall be governed by these Terms, and may be terminated by JOLLY at any time (with or without notice) for any reason or no reason.
4. YOUR POSTING OF MATERIALS ON THE SITE.
A. We permit you to post, upload, publish, submit or transmit User Materials on the Site. “User Materials” means all Content that you post, upload, publish, submits or transmit to be made available through the Site or Services. By making available any User Materials on or through the Site or Services, you hereby grant to JOLLY a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Materials on, through, or by means of the Site and Services. JOLLY does not claim any ownership rights in any such User Materials and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Materials.
B. You acknowledge and agree that you are responsible for all User Materials that you make available. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Materials that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to JOLLY the rights in such User Materials, as contemplated under these Terms; and (ii) neither the User Materials nor your posting, uploading, publication, submission or transmittal of the User Materials or JOLLY’s use of the User Materials (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
C. JOLLY reserves the right (but is not obligated to) to: (a) evaluate or verify the User Materials before allowing them to be published on the Site or otherwise stored in connection with the Services; or (b) alter, remove, or refuse to post or allow to be posted or stored any User Materials that we deem to be in breach of the Terms. JOLLY also reserves the right to disclose any User Materials or any communication through the Services, to (i) any third party in order to operate the Services, (ii) respond to governmental (including law enforcement) inquiries or requests, (iii) comply with valid legal process or any applicable law, (iv) enforce these Terms; (v) respond to claims that any of your User Materials violates the rights of third parties; and/or (vi) protect the rights, property, or personal safety of JOLLY, its users and/or the public.
5. USER CONDUCT RESTRICTIONS.
A. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and obligations that may apply to your use of the Site and Services. In connection with your use of our Site and Services, you may not and you agree that you will not:
JOLLY reserves the right, but does not assume the responsibility, to monitor or review your conduct while using the Services. Your use of the Services is subject to all applicable local, state, national and international laws and regulations. Please report the misconduct of users, Registrants, other non-Organizers, Organizers and/or third parties in connection with the Site or any Services to JOLLY. JOLLY, in its sole discretion, may investigate the claim and take necessary action.
B. JOLLY does not endorse any of its users. Although these Terms require you to provide accurate information, JOLLY may not verify or attempt to confirm any information provided by users or any user’s purported identity. You are solely responsible for determining the identity and suitability of other users who you contact via the Services. JOLLY is not responsible for any damage or harm resulting from your interactions with other users.
By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from JOLLY with respect to such actions or omissions.
6. ADDITIONAL SERVICES.
JOLLY may, upon request, and for such fees as JOLLY may establish from time to time in its sole discretion, provide additional services to you beyond the functionality of the Site. All such additional services shall be deemed a part of the Services and subject to all the terms and conditions of these Terms. Such additional services shall be set forth in a written Addendum Agreement to these Terms, and/or other written agreement between you and an authorized officer of JOLLY, which shall set forth the other terms and conditions relating to such additional services.
7. SUBSCRIPTION FEES & PAYMENT.
JOLLY may charge Organizer a service fee for using the Site (the “Subscription Fee”). Accordingly, the Organizer will take into account the Subscription Fees payable to JOLLY (and any applicable sales or local taxes payable to any tax authorities) when it selects a subscription plan. Organizer shall pay all Subscription Fees and charges as specified in this Agreement.
The Subscription Fees and payment policies will depend on the subcription plan selected by the Organizer.
A. Payment Terms. Refer to 'FEES & NEGATIVE BALANCE PAYMENT' section of this agreement for the payment terms for the Subscription Fees.
8. FEES & NEGATIVE BALANCE PAYMENT.
Organizer will maintain a valid credit card on file with JOLLY for the payment of fees and any negative balance. Fees or negative balance owed will be invoiced on the 5th day of each month for the fees or negative balance incurred in the prior month, and automatically charged to Organizer's credit card generally within 24 hours from the invoice date. In the event the Organizer's credit card is declined or invalid, Organizer will pay the invoice through other payment sources within 48 hours notification by JOLLY. Otherwise, Organizer's account will be suspended.
JOLLY reserves the right to suspend Organizer's account, if Organizer fails to pay any invoices when due. In addition, interest of ten percent (10%) per annum will be charged on the unpaid balance of any invoice.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) limit, suspend or terminate your access to your account, our Site, and/or Services, and (b) deactivate or cancel your JOLLY account. Please note that if your JOLLY account is cancelled, we do not have an obligation to delete or return to you any User Materials that you have posted to the Site and Services. Further, you agree that JOLLY shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of these Terms that by their nature should survive termination of your right to use the Services shall survive its termination (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).
11. DISCLAIMER OF WARRANTIES.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JOLLY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. JOLLY MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE CORRECT OR RELIABLE, (IV) THE SERVICES THEMSELVES (OR ANY PART THEREOF) WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. JOLLY IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE SITE CONTENT, USER MATERIALS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, REGISTRANT OR OTHER PERSON BEFORE, DURING AND/OR AFTER A VISIT. IN ADDITION, JOLLY WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE.
12. LIMITATION OF LIABILITY.
YOU ACKNOWLEDGE THAT JOLLY HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY OR SUITABILITY OF ANY VISITS, THE TRUTH OR ACCURACY OF ANY USERS' (INCLUDING VISITOR', OTHER NON-ORGANIZERS' AND ORGANIZERS') MATERIALS OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING VISITORS AND ORGANIZERS) TO PERFORM ON A VISIT, OR ACTUALLY COMPLETE A TRANSACTION. IN ADDITION, JOLLY IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (WITHOUT LIMITATION), AND JOLLY HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
AS A CONDITION TO USING THE SERVICES, YOU ALSO AGREE THAT JOLLY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JOLLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF $100.00 USD IN THE AGGREGATE FOR ALL CLAIMS, OR (IV) ANY MATTERS BEYOND JOLLY'S REASONABLE CONTROL. JOLLY SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR USER MATERIALS OR THE USER MATERIALS OF ANY OTHER USER OF THE SERVICES. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU AGREE TO RELEASE JOLLY, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (1) THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES; OR (2) DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER ORGANIZERS, REGISTRANTS, AND OTHER NON-ORGANIZERS).
IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 AND ANY OTHER APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
A. Entire Agreement. These Terms constitute the entire agreement between you and JOLLY and governs your use of the Services. These Terms supersedes any prior or contemporaneous agreements, proposals, discussions or communications between you and JOLLY on the subject matter hereof, or Addendum Agreement between you and an authorized officer of JOLLY. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party User Materials or third party Services in a manner other than as governed by these Terms.
B. Controlling Law and Jurisdiction. These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in San Mateo County, California or a United States District Court, Northern District of California located in San Mateo County, California for any actions for which the parties retain 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, as set forth in the Dispute Resolution provision below.
C. Dispute Resolution; Arbitration. You and JOLLY agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or the Site (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains 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. You acknowledge and agree that you and JOLLY 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. Further, unless both you and JOLLY otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
(i) Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
(ii) Notwithstanding the provisions of the “Modification” section above, if JOLLY changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of JOLLY’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and JOLLY in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
D. Time to File Claim. 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 Services or these Terms must be filed within two (2) years after such claim or cause of action arose or be forever barred.
E. Export Controls. The Services are subject to United States export controls. Therefore, you will comply with all applicable laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. No part of the Services may be exported to any country to which the U.S. has embargoed goods and/or services of the same type as the Services, or to any person or entity appearing on the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List or the Bureau of Industry and Security's Denied Persons List. By using the Services, you represent and warrant that you are not located in, and you are not a national or resident of, any such embargoed country, and that you are not a person or entity or under the control of or affiliated with a person or entity that appears on any such list.
F. Waiver; Severability. The failure of JOLLY to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of JOLLY. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
G. Indemnification. You agree to release, defend, indemnify, and hold JOLLY and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services; (b) your violation of these Terms; (c) your User Materials; (d) your interaction with any user; (e) your creation of a visit and all related activities; (f) non-payment or collection of any Taxes relating to ticket sales; and (g) your violation of any local ordinance, state or federal law or regulation.
H. Force Majeure. Neither party shall be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, acts of a public enemy, error in the coding of electronic files, Internet or other network “brownouts” or failures, power failures, cyber attacks, third party attack or other actions and acts of civil and military authorities.
I. DMCA. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any User Materials made available in connection with the Services infringes your copyright, you (or your agent) may send us a notice requesting that the User Materials be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter notices with respect to the Services should be sent to:
Jolly Technologies, Inc.
951 Mariners Island Blvd. Ste 300
San Mateo, CA 94404
Telephone: (650) 594-5955
Fax: (650) 989-2145
J. No Agency. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
K. Contact and Support. If you have any questions about these Terms, or to report any violations of these Terms, please contact us by email to firstname.lastname@example.org.
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