Terms of Use
Use.
Please read these Terms carefully before accessing the System in any way. By accessing the System, you agree to be bound by the terms and conditions set forth in the Terms. If you do not wish to be bound by these Terms, you are not authorized to use the System. Alternative Jods reserves the right to modify the Terms at any time. You agree to review the Terms periodically to stay informed of any changes. Furthermore, you agree that continued use of the System will be deemed as your conclusive acceptance of the current version of the Terms. We may revise and update the Terms at our discretion and will post any updates to the Terms on the System. We will indicate changes to the Terms by updating the “Last Modified” date at the end of the Terms with the date the changes were made. The current version of the Terms is accessible via the link at the bottom of the Website’s home page.
Any access or attempt to access other areas of Alternative Jods’ computer systems or information contained within such systems for any purpose is strictly prohibited. You agree not to interfere in any way with the use or access to the System or to take any action that imposes an excessive or disproportionate load on the System's infrastructure. Alternative Jods reserves the right to report any activity suspected of violating the law or regulations and to disclose any information to appropriate authorities, regulatory bodies, or other relevant third parties. Alternative Jods also reserves the right to modify, suspend, or permanently or temporarily discontinue the System, any products or services advertised through the System, or any user’s access to any part of the System at its sole discretion at any time and without prior notice, for any reason, including but not limited to:
(1) Attempts at unauthorized access to the System or assisting others in such attempts,
(2) Disabling any System security mechanisms,
(3) Violation of the Terms by the user,
(4) Failure to pay for ordered products or applicable shipping charges,
(5) Suspected or actual infringement of third-party intellectual property rights,
(6) Requests by law enforcement or other government authorities.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Terms for all purposes. In the event of such termination, the restrictions on use of System materials will remain in effect, and you agree to be bound by those terms.
YOU ACKNOWLEDGE AND AGREE THAT ALTERNATIVE JODS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUATION OF THE SYSTEM OR ANY ORDERS SUBMITTED THROUGH THE WEBSITE.
Copyright
All content included in the System, including but not limited to videos, excerpts, photographs, text, graphics, logos, icons, images, and software (collectively, the "Content"), is the property of Alternative Jods or its licensors and is protected by U.S. and/or international copyright laws. Any reproduction, modification, distribution, transmission, republication, display, or performance of the Content contained in the System is strictly prohibited. If you use materials displayed on the System in violation of the Terms, you may be liable for infringement, misappropriation, or another cause of action to the fullest extent permitted by law.
Trademarks
Unless otherwise stated, all names, graphics, designs, logos, page headers, button icons, scripts, trade dress, and service names included in the System are trademarks of Alternative Jods or its licensors or suppliers (collectively, the "Trademarks") and are protected by U.S. trademark laws and other jurisdictions. You may not use, copy, reproduce, republish, distribute, modify, or display any Trademark in any way, including in advertising or publicity related to or containing material from the System, without our prior written consent. Trademarks may not be used in any manner that is likely to cause confusion or that discredits or disparages our company.
Software
Any software provided by us for access or download from the System ("Software") or through your mobile device’s app store (a “Mobile App”) is the property of Alternative Jods and/or our respective suppliers. Use of such Software is governed by the end-user license agreement, if any, that accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the terms of that License Agreement.
All Software is the property of Alternative Jods and/or our respective suppliers and is protected by copyright laws and international treaties. Any reproduction or redistribution of the Software is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent permitted by law. Without limiting the foregoing, copying or reproducing the Software to any other server or location for further reproduction or redistribution is expressly prohibited.
The Software is covered, if at all, only under the terms of the applicable license agreement. Your mobile device must be connected to the internet for the Mobile App to function properly. You are responsible for ensuring your device has internet connectivity and for all associated service provider fees, including data roaming charges.
As described further in our [Privacy Policy], the Mobile App will automatically transmit relevant information in the course of its normal operation regarding how the app is used, the content accessed, and any technical errors or problems that may arise during use, such as timestamps, app version, Unique Device Identifier (UDI), operating system (e.g., Android or iOS), installation data (such as daily installs, upgrades, and removals), in-app activity, and crash reports.
By using the Mobile App, you expressly acknowledge, agree to, and consent to the collection of this information.
Links
Alternative Jods and/or third parties may provide links to other websites you may find interesting, including websites under Alternative Jods’ control (e.g., pactiv.com and evergreenpackaging.com), as well as third-party-controlled websites. You acknowledge and agree that we are not responsible for the availability of third-party-controlled websites and that we do not endorse nor are responsible for any content, advertising, services, products, or other materials available on such sites. You also acknowledge and agree that Alternative Jods is not directly or indirectly responsible for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials available from such third-party websites. All such third-party websites are subject to the policies and procedures of their respective owners.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SYSTEM IS AT YOUR SOLE RISK. ALTERNATIVE JODS MAKES NO REPRESENTATIONS OR WARRANTIES:
(i) REGARDING THE ACCURACY, CORRECTNESS, COMPLETENESS, OR USEFULNESS OF ANY CONTENT DISPLAYED ON THE SYSTEM AND IS NOT LIABLE FOR ANY ERRORS OR OMISSIONS,
(ii) REGARDING THE RELIABILITY OR QUALITY OF THE CONTENT OR PRODUCTS DISPLAYED, OR
(iii) REGARDING THE ACCESSIBILITY OF AVAILABLE CONTENT, INCLUDING STREAMING QUALITY OR DOWNLOAD SPEEDS.
THE SYSTEM AND ANY PRODUCTS ARE PROVIDED "AS IS" AND ALTERNATIVE JODS MAKES NO EXPRESS OR IMPLIED WARRANTIES.
IN PARTICULAR, ALTERNATIVE JODS DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT ALTERNATIVE JODS IS NOT LIABLE FOR ANY DAMAGE ARISING FROM YOUR RELIANCE ON CONTENT OR YOUR USE OF THE SYSTEM.
ALTERNATIVE JODS DOES NOT GUARANTEE UNINTERRUPTED, CONTINUOUS, OR SECURE ACCESS TO THE SYSTEM, AS ITS OPERATION MAY BE AFFECTED BY FACTORS OUTSIDE OUR CONTROL, SUCH AS USER LOCATION, CONTENT ACCESS, OR INTERNET CONNECTION SPEED.
ALTERNATIVE JODS IS NOT RESPONSIBLE FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN SYSTEM OPERATION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ALTERNATIVE JODS BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SYSTEM, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR EXPECTED REVENUE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL LIABILITY OF ALTERNATIVE JODS TO YOU OR ANY THIRD PARTY, UNDER ANY CIRCUMSTANCES, IS LIMITED TO ONE THOUSAND DOLLARS ($1,000).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF THE ABOVE WARRANTIES OR LIABILITIES, SO SOME TERMS MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify, and hold harmless Alternative Jods from any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising from your use or inability to access and use the System or any part thereof, your violation of the Terms, or any violation of laws or third-party rights.
Privacy
Alternative Jods is committed to protecting your privacy. The terms governing the management of personally identifiable information and other data within the System are described in our [Privacy Policy].
Governing Law
You acknowledge and agree that these Terms and our obligations shall be governed by and construed in accordance with the internal laws of the State of Illinois, without regard to its conflict of law principles. You agree to submit to the exclusive personal jurisdiction and venue of the federal and state courts located in Illinois. You agree to accept service of process via registered mail or any other method permitted by law and expressly waive any objection to venue or inconvenience.
General
If any provision of the Terms is found to be invalid or unenforceable, that provision shall be severed and the remaining provisions shall remain in full force and effect. You agree that Alternative Jods may, at its sole discretion, assign the Terms to a third party. The section headings are for convenience only and do not affect the meaning or interpretation of the Terms.
Our failure to act on a breach does not constitute a waiver of our right to act later on similar or future breaches.
The Terms represent the entire agreement between the parties regarding the System. The provisions of the Terms shall remain in effect even after termination or cancellation, to the extent necessary to fulfill the intent of the parties.
Any claim or dispute related to the System, the Privacy Policy, or other legal notices of the System must be submitted within one (1) year from the date the claim arose or will be permanently barred. You agree to submit such claims exclusively to the courts of the State of Illinois.
Safe Harbor Notice for Confidential Disclosure of Trade Secrets to Government or in Legal Proceedings
Notwithstanding anything to the contrary in these Terms, under the Defend Trade Secrets Act of 2016, a person is not liable criminally or civilly for disclosing a trade secret if:
(A) such disclosure is (i) made confidentially to a federal, state, or local government official or attorney; and (ii) solely for the purpose of reporting or investigating a violation of law; or
(B) made in a complaint or other document filed in a legal proceeding, provided that the document is filed under seal.
A person who files a retaliation lawsuit against an employer for reporting a violation of law may disclose the trade secret to their attorney and use the trade secret in the court proceeding, provided that any document containing the trade secret is filed under seal and the trade secret is not disclosed except by court order.
International Use – Restrictions
Alternative Jods controls the System (excluding affiliated websites) from the United States and does not guarantee that the content is appropriate or available for use in other locations. Access to the System from regions where the content is illegal is prohibited.
If any part of the Terms is deemed illegal, invalid, or unenforceable, this does not affect the validity of the remaining provisions. Notwithstanding any contrary law, any claim or right relating to the System or the Terms must be exercised within one (1) year from the date the cause arises or will be permanently barred.
Arbitration
By using the System, you agree that Alternative Jods may, at its sole discretion, require any dispute related to the use of the System or the Terms (including interpretation, breach, invalidity, or termination) to be submitted to final and binding arbitration under the International Arbitration Rules of the American Arbitration Association, by one or more arbitrators appointed according to those rules.
However, the procedure will be governed by the applicable law as described above. Any arbitration award shall be limited to monetary damages (as also limited by other provisions) and shall not include injunctions or orders, except only for the payment of a monetary amount. Arbitrators do not have the authority to award punitive or exemplary damages unless required by law.
Unlawful Use
By using the System, you agree not to use it for any unlawful activity or in any way that violates these Terms. Where applicable, you agree that your employees, agents, and external partners are also bound by these Terms.
If you have any questions, complaints, or concerns regarding the System, please contact us at: 1900 West Field Court, Lake Forest, IL 60045, USA, Attention: Chief Communications Officer.
