These Terms of Service (the “Agreement”) are effective on June 22, 2023 and are subject to amendment by jreem at any time without further notice.
jreem is excited to provide you the opportunity to explore many questions through the use of its Services as defined hereinafter. However, in order to experience and enjoy jreem’s Services, you must necessarily accept and agree that your access to and use of the Services, as applicable shall be and is controlled by the terms and conditions as set forth herein (and as can be amended from time to time) by jreem. As you must be accustomed and as you must aware, by accessing and/or using any of the Services, you are agreeing to be bound by and to remain in full and complete compliance of the jreem’s Terms of Service (hereinafter the “Agreement”). jreem is the registered and protected d/b/a of Morris Heights, LTD. (PLEASE BE ADVISED THAT USE OF THE SERVICES IS EXPRESSLY RESTRICTED AS SET FORTH HEREIN. USE OF OR THE ATTEMPTED USE OF THE SERVICES IS EXPRESSLY PROHIBITED ABSENT FULL AND COMPLETE ACCEPTANCE OF THE TERMS OF SERVICE SET FORTH HEREIN.)
“CONTENT” Defined – For purposes of this Agreement, jreem does hereby establish that “Content” shall be anything that a User delivers/posts, transmits, conveys using any aspect or application of the “Services”.
“USER”/”USERS” Defined – jreem has established that all users of its “Services” shall be referred to herein as “USER”/ “USERS” as applicable.
“SERVICES” Defined – JREEM has created for the JREEM website, anticipates creation of the polling service and other applications (including mobile applications) which will be made available to Users. For purposes of all Users, these will be defined as “Services”.
“PRIVACY” Defined - Any and all information you provide JREEM is subject to the Privacy Policy.
USERS’ RESPONSIBILITIES/ACKNOWLEDGMENTS:
- User(s) are responsible for their respective use of the Services.
- User(s) will be required to establish Passwords that will be required to gain access to the Services. Caution is advised as it is your obligation to choose and protect such password wisely as this will be User’s exclusive access to the Services. (Please note that JREEM cannot and will not be responsible and/or liable for User’s failure to protect and safeguard their respective Passwords and any resulting damage or losses User’s incur as a result of a third parties use of their Password and resulting access to the Services.) User(s) are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, User(s) are entirely responsible for any and all activities that occur under your account. User(s) agree to notify jreem immediately of any unauthorized use of your account or any other breach of security. XpressPoll will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, User(s) could be held liable for losses incurred by jreem or another party due to someone else using your account or password. User(s) may not use anyone else's account at any time, without the permission of the account holder.
- User(s) will be solely responsible for any and all Content User(s) post or transmit using the services. JREEM does hereby advise that User’s use/reliance on any Content shall be at User(s) own risk as jreem does not and will not take responsibility for any Content.
- User(s) are instructed and do hereby acknowledge that certain Content made available /published/circulated using the Services could be of a nature that certain User(s) might find offensive/obnoxious/distaseful/inappropriate/damaging/embarrassing, etc. (While jreem does exist to promote such Content, or the use of its Services to distribute such Content, any use of such Content or a User(s) exposure thereto shall not result in any claims/liability on behalf of or against jreem.)
- User(s) are entitled to and do retain any and all rights they respectively have in any Content they make available/publish/circulate/submit/transmit/display and/or otherwise display. The above notwithstanding; however, by using the Services, User(s) do grant jreem a license, the terms and conditions of which provide for the non-exclusive and worldwide license which is free of any and all royalty claims or rights (i.e., royalty-free); thereby allowing jreem to, among other things, use, copy, modify, adapt, summarize, change, syndicate, publish, display, transmit, advertise, distribute, communicate such Content in any manner available to jreem and to so share such Content as jreem deems, in its sole opinion, appropriate.
- User(s) are responsible for their respective use of the Services, any content provided, and resulting consequences thereof, including but not limited to money damages, embarrassment, admiration, use of Content by jreem and third parties. (Warning: User(s) unauthorized use of third parties information in User(s)’ Content can expose the User(s) to liability for such unauthorized use. jreem further states and declares the it shall not be responsible and/or responsible for User(s) unauthorized acts and the resulting damages therefrom.)
- User(s) are instructed and do hereby agree, without incurring any liability to User(s), that jreem has and does hereby retain the absolute right (i) to suspend and/or terminate any User, (ii) to remove or refuse to publish/distribute or otherwise release any Content placed on an jreem Service, and (iii) to change or alter User’s username.
- User(s) do acknowledge that jreem has and does retain any and all rights, title and interest in and to the Services (including, but not limited to any software, design, applications, etc. associated with the Services). User(s) further that the Services are the exclusive property of jreem and its partners/designees, as applicable.
- User’s acknowledge and understand that the Services are protected by all applicable laws, including but not limited to trademark and copyright laws in the United States of America and around the world as chosen, identified, and enforced by jreem.
- User(s), through this Agreement or otherwise, do not receive any rights to any of the rights, including but not limited to intellectual property rights of jreem.
- User(s) do hereby agree that they are entitled to use the public aspect of the Services and that they are not granted or otherwise authorized to access/investigate/browse/visit any non-public areas of jreem’s Services, servers, network, defy/breach any aspect/portion the security measures of jreem, interfere, disrupt, or attempt to interfere/disrupt with the any aspect of the Services any manner, intentional or otherwise.
- User(s) accept and acknowledge that (i) their access to and use of the Services and related Content is done so at their own risk, (ii) the Services and their access thereto is accepted “AS IS” and “AS AVAILABLE” basis, and (iii) jreem is providing its Services, to the maximum extent permitted under applicable law WITHOUT WARRANTY OR CONDITION, and WITHOUT WARRANTY as to MERCHANTABILITY or FITNESS.
- User(s) will not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications to other User(s).
- User(s) accept and acknowledge that the use of the Services, unless otherwise specified, are for the User(s) personal and non-commercial use. User(s) may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create, derivative works from, transfer, or sell any information, software, products, or services obtained from the Services.
- User(s), as a condition of your use of the Services, will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any jreem server, or the network(s) connected to any jreem server, or interfere with any other party's use and enjoyment of any Services.
- User(s) may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any jreem server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
- User(s) violation of these Terms of Service may result in termination of User(s) jreem account, with jreem reserving the sole and absolute discretion to make such a determination.
- User(s) understand and accept that if you violate the letter or spirit of this Agreement, or otherwise create risk or possible legal exposure for jreem, all or part of the Services can be withheld from you by jreem. jreem reserves the absolute right to terminate such User(s) access to the Service entirely.
- Users accept and acknowledge that jreem is not responsible or liable for the conduct of any User.
- Users do hereby acknowledge and accept that some of the Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that jreem may place such advertising and promotions on the Services or on, about, or in conjunction with your Content. No notices will be required of jreem in the event such advertising nature, media, presentment, etc. is changed.
- User(s) agree that this Agreement is not assignable, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of jreem. Any purported assignment or delegation by you without the appropriate prior written consent of jreem will be null and void. The User(s) do further acknowledge that jreem reserves the right to unconditional right to assign/transfer/convey its rights and powers under this Agreement.
- User(s) acknowledge and agree that this Agreement does not confer any third-party beneficiary rights arising from or related to User(s)’ use of the Services or distribution of Content.
- User(s) acknowledge and accept that (i) the Services may contain links to other third party resources, (ii) jreem is not responsible or in any manner liable for either the content on or operation of such third party resources, and (iii) User(s) assume and all risk arising from or associated with User(s) use of such resources.
- User(s) acknowledge and accept that jreem reserves the right to enforce or waive the application of provisions contained in this Agreement. jreem’s action on enforcement or waiver of any provision shall not be deemed a waiver of such provision in this Agreement.
- User(s) agree that any claim you may have arising out of or related to your relationship with jreem must be filed within one year after such claim arose. Failure to bring any such claim in the time frame allowed herein shall result in the claim being barred by limitations.
- User(s) (and also any third party for whom User(s) operate an account or uses the Services) agree to defend (at jreem’s request), indemnify and hold jreem and related parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your activities (or those conducted on your behalf) in arising from with or related to your use of the Services.): (i) your Content or your access to or use of the Services; (ii) your breach or alleged breach of this Agreement; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. User(s) will cooperate as required by jreem in the defense of any claim. jreem reserves the right to assume the exclusive defense and control of any matter subject to indemnification by User(s), and User(s) are not authorized and will not in any event settle any claim without the prior written consent of jreem.
- UNDER NO CIRCUMSTANCES WILL JREEM AND/OR ITS AFFILAITES, AGENTS, AND/OR PARTNERSBE OR BECOME LIABLE TO POLLER(S)FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) THE CONTENT; (C) USER(S)’ USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE JREEM REPRESENTATIVES OR LAW ENFORCEMENT AUTHORITIES REGARDING USER(S)’OR ANY OTHER PARTY'S USE OF THE SERVICEs; (F) ANY ACTION TAKEN IN CONNECTION IP RIGHTS of THIRD PARTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO USER(S)” CONNECTING DEVICES ( INCLUDING BUT NOT LIMITED TO USER(S)’COMPUTER(S), MOBILE DEVICE(S), OR OTHER EQUIPMENT OR TECHNOLOGY) INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF JREEM, ITS REPRESENTATIVES/AGENTS HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT DISPUTE, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE(S)). IN NO EVENT WILL JREEM, ITS AGENTS OR REPRESENTATIVES BE LIABLE TO USER(S) OR ANYONE ELSE FOR LOSS, DAMAGE, OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. IN NO EVENT WILL THE JREEM, ITS REPRESENTATIVES/AGENTS.
- USER(S) DO HEREBY AGREE AND ACCEPT A CAP FOR ANY AND ALL DAMAGES/ FINANCIAL RESPONSIBILITY BY JREEM, ITS REPRESENTATIVES/AGENTS TO USER(S) NOT TO EXCEED ONE HUNDRED DOLLARS ($100.00).
- USER(S) ACKNOWLEDGE AND AGREE THAT THEY ARE BEING GRANTED A FREE LICENSE TO THE SERVICES AND AGREE THAT ANY DAMAGES/LOSSES/HARM USER(S) MIGHT INCURR AS A RESULT OF THE USE OF THE SERVICES WILL NOT CONSTITUTE IRREREPARABLE HARM AND WILL NOT ENTITLE USER(S) TO SEEK AN INJUNCTION AGAINST JREEM, ITS REPRESENTATIVES/AGENTS/AFFILAITES AND OR JREEM’S PROVISION OF SERVICES AND RELATED APPLICATIONS.
- BY ACCESSING THE SERVICES, USER(S) UNDERSTAND THAT USER(S)MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, USER(S) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "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."
- USER(S) ACKNOWLEDGE AND ACCEPT THAT JREEM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND USER(S) RELEASE JREEM, OUR DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
JREEM’S GRANTS/OFFERINGS/LIMITATIONS:
- jreem does hereby grant and convey to User(s), who accept the terms and conditions of this Agreement, the non-exclusive, non-assignable personal license to use the Services (including applicable software provided therewith),providing for the royalty free use thereof any place in the World.
- jreem does not endorse, support, or review the accuracy/reliability/timeliness/truthfulness of Content or User(s) communications related to the Services.
- jreem does not endorse any opinions expressed in the use of Services.
- jreem desires to remain in compliance with all applicable rules, regulations, and laws. Therefore jreem does hereby state that in order to comply with any governmental requests, legal obligation and all rules and regulations, it reserves the right to read, disclose, preserve, save any information, including but not limited to Content that it may receive/gather/otherwise possesses to meet and fulfill its legal obligations, to protect User(s)’ safety, to protect third party property rights, to protect the public, and to protect jreem. The manner and application of this right is vested solely in jreem.
- jreem’s policies prevent the disclosure of or provision of User(s)’ personal information to third parties except by process of law or as provided in the Privacy Policy.
- jreem reserve the right to refuse access to the Services to anyone for any reason at any time.
- jreem may, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates this Agreement.
- jreem reserves the right, but has no obligation, to monitor or become involved in disputes between Users.
- jreem has no obligation, to monitor User’s posting/publishing of Content, however, jreem reserves the right (i) to review any and all Content, (ii) to remove any Content in its sole discretion, and (iii) to terminate User(s) access to any or all of the Services at any time, without notice, for any reason whatsoever.
- jreem does hereby advise that from time to time this website and some aspect/feature of the Services may also include links to other websites. These links are provided for User(s)’convenience to provide further information. They do not signify that jreem endorses the website(s). jreem has no responsibility for the content of the linked website(s).
- jreem owns intellectual property (“IP”) and respects all rights that are associated therewith. User(s) are instructed that they are required to respect such IP Rights of jreem as well as the IP rights of all others. As pointed in the Content sections of this Agreement, the Content is the individual User(s)’ responsibility to monitor the rules and restriction, including any third parties’ IP rights in such Content. jreem reserves the right (i) to remove any Content that is brought to jreem’s attention which reasonable appears, in the sole discretion of jreem, to infringe on said third party’s IP rights and (ii) terminate the User(s) account if User(s) intentionally violated the third party’s IP rights or is a repeat offender of this policy of no IP right infringement.
Governing Law & Venue
This Agreement shall be applied, construed, and interpreted in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the provision of this Agreement or arising from the provision or use of the Services and or related Content, Users and any third party involved agree to resolve any dispute they have with jreem exclusively in a state court in Denton, Denton County, Texas or federal court located in the Eastern District of Texas, and to submit to the personal jurisdiction of the courts located in Denton County or the Eastern District of Texas as applicable, for the purpose of litigating all such disputes.
If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provisions. jreem’s failure to enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. jreem reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all complaining parties’ transactions with jreem.
Entire Agreement
This Agreement contains the entire agreement between User(s) and jreem, superseding any prior agreements between User(s) and jreem. User(s) do accept and acknowledge each and every provision contained herein whether delineated as being from User(s) or jreem (including the indemnification/waiver, liability cap, etc.) and accept that the terms and conditions set forth constitute the full and complete agreement by and among the parties. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from this Agreement and will not affect the validity and enforceability of the remaining provisions of this Agreement.