Terms of Use

JTJ Manning Group Inc.
Tipdigest.com Terms of Use

The Terms of Use was last updated on February 01, 2015.
Your Acceptance to our Terms of Use:

1. Acceptance of Terms.

JTJ Manning Group, Inc. (the “Company” or “we”) provides its Services (as defined below) to you through this website located at http://www.tipdigest.com (the “Site”), subject to this Terms of Use agreement. By accepting this Terms of Use or by accessing or using the Services or Site, you acknowledge that you have read, understood, and agree to be bound by this Terms of Use. If you are entering into this Terms of Use on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this Terms of Use, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this Terms of Use, you must not accept this Terms of Use and may not use the Services.
The Company may change this Terms of Use from time to time and the most current version will always be available by selecting the “Terms of Use” link displayed prominently on the Site. If a revision, in our sole discretion, is material we will notify you (for example, via email to the email address associated with your account). The revised terms will become effective after we post such changes, and if you use the Services after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this Terms of Use is not acceptable to you, your only remedy is stop using the Services and terminate your account.

2. Description of Services.

The “Services” include (a) the Site; (b) the services provided by the Site, including [articles, guides and solutions for your business needs]; and (c) all software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Services are also subject to this Terms of Use.

3. General Conditions / Access and Use of the Services.

1. Subject to the terms and conditions of this TERMS OF USE, you may access and use the Services only for lawful purposes. All rights, title and interest in and to the Services and its components will remain with and belong exclusively to the Company. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Services available to any third party; (b) use the Services in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Services or its components; or (c) modify, adapt or hack the Services to, or otherwise attempt to gain unauthorized access to the Services or its related systems or networks. You shall comply with any codes of conduct, policies or other notices the Company provides you or publishes in connection with the Services, and you shall promptly notify the Company if you learn of a security breach related to the Services.

2. Any software that may be made available by the Company in connection with the Services (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TERMS OF USE, the Company hereby grants you a non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Services, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Services by any means other than through the interface that is provided by the Company for use in accessing the Services. Any rights not expressly granted herein are reserved and no license or right to use any trademark of the Company or any third party is granted to you in connection with the Services.

3. You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “post(ing)”) in connection with or relating to the Services (“Your Content”).

4. Your dealings or communications through the Site with any party other than the Company are solely between you and that third party. Under no circumstances will the Company be liable for any goods, services, resources or content available through such third party dealings or communications, or for any related harm.

5. As part of the registration process, you may be asked to create or may be given a login and password for your account. You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. The Company reserves the right to access your account in order to respond to your requests for technical support. By posting Your Content on or through the Services, you hereby do and shall grant the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Services. The Company has the right, but not the obligation, to monitor the Services, Content, or Your Content. You further agree that we may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.

6. You understand that the operation of the Services, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices; and (c) transmission to the Company’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. The Company will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.

7. The failure of the Company to exercise or enforce any right or provision of this TERMS OF USE shall not be a waiver of that right. You acknowledge that this TERMS OF USE is a contract between you and the Company, even though it is electronic and is not physically signed by you and the Company, and it governs your use of the Services.

8. Subject to the terms hereof, the Company may (but has no obligation to) provide technical support services, through email in accordance with our standard practice.

9. Notice of Claims for Copyright Infringement; Copyright Policy.

1. The Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify the Company of your infringement claim in accordance with these procedures.

2. The Company will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to copyright@tipdigest.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at JTJ Manning Group Inc., Attn: Jodi Manning, 87 Lakemist Drive, Hammonds Plains, NS, Canada.

5. Representations and Warranties.

You represent and warrant to the Company that (a) you have full power and authority to enter into this TERMS OF USE; (b) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your posting and other activities (and allow the Company to perform its obligations) in connection with the Services without obtaining any further releases or consents; (c) Your Content and other activities in connection with the Services, and the Company’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (d) you are eighteen (18) years of age or older.

6. Termination.

7. Tipdigest.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Tipdigest.com account (if you have one), you may simply discontinue using the Website. Tipdigest.com can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8. DISCLAIMER OF WARRANTIES.

1. The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by the Company or by third-party providers, or because of other causes beyond our reasonable control. THE SERVICES, INCLUDING THE SITE AND CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE.

9. LIMITATION OF LIABILITY.

1. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION; OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TERMS OF USE BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TERMS OF USE.
2. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

10. Indemnification.

1. You shall defend, indemnify, and hold harmless the Company (and the Company’s officers, directors, agents, affiliates, subsidiaries, investors, employees, vendors and contractors) from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TERMS OF USE, any of Your Content, or your other access, contribution to, use or misuse of the Services. The Company shall provide notice to you of any such claim, suit or demand. The Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting the Company’s defense of such matter. If you are a California resident, you hereby waive California Civil Code ยง1542, which says: “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.” This release includes the criminal acts of others.

11. Assignment.

1. You may not assign this TERMS OF USE without the prior written consent of the Company, but the Company may assign or transfer this TERMS OF USE, in whole or in part, without restriction.

12. Miscellaneous.
1. If any provision of this TERMS OF USE is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TERMS OF USE will otherwise remain in full force and effect and enforceable. Both parties agree that this TERMS OF USE is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this TERMS OF USE, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this TERMS OF USE and you do not have any authority of any kind to bind the Company in any respect whatsoever. In any action or proceeding to enforce rights under this TERMS OF USE, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this TERMS OF USE will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

13. Privacy.
1. Please visit http://www.tipdigest.com/privacy to understand how the Company collects and uses personal information.