Jigsaw Terms of Use Agreement

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The current version of this contract was first posted on May 24, 2007 and becomes effective as of June 22, 2007. This current contract supersedes all prior versions.  You are responsible for routinely reviewing the current version of this contract before using the system.  The prior version of this contract is set forth following this current version for your reference and convenience.

The following Terms of Use and all applicable Plan Details form a legally binding contract between you (‘member’) and Jigsaw Data Corporation (‘JIGSAW’). JIGSAW is the owner and operator of a collaborative online business contact and information exchange, including related services and systems (collectively the ‘system’).  You desire to have authorized access to the system.  JIGSAW authorizes access to its system subject to the following terms and conditions of use (‘terms’). Your access to or use of the system is subject to these terms and Jigsaw will not provide the Services except pursuant to these terms.  This agreement is void where prohibited.

In consideration for the mutual promises contained herein, you and JIGSAW accept and agree to the following terms:

Section 1 - Age and Capacity

Only registered members who are age 18 or older may access the system. You certify that you are at least 18 years old, have the legal capacity to form a binding contract and are not a person barred from accessing the system under the laws of any applicable jurisdiction.

Section 2 - Registration

You are required to complete a registration process. You certify, represent and warrant that the information you provide is true, accurate, complete, current, and that it belongs to you. You shall keep your information complete and up-to-date at all times. Failure to maintain your registration information may cause your access to the system to be interrupted, suspended or  terminated.  You are responsible for monitoring your account, changing your password periodically and notifying JIGSAW immediately of any unauthorized use or breach of security of your password.

2.1 Screen Name

You must select a unique screen name as your public identity on the system. Your screen name identifies you to other members. To protect your privacy, you should choose a screen name that does not reveal your identity.

2.2 Point and Rating System

JIGSAW uses a point and rating system.  You may be awarded or penalized points based upon your activity on the system. JIGSAW may adjust your point balance or rating, change system point values or modify the point and rating system at any time at its sole discretion.  JIGSAW may cancel, suspend or otherwise limit your access to your points balance if we suspect fraudulent, abusive or unlawful activity with respect to your account.  You are responsible for all tax consequences that may result from your participation in the points system.  

You may purchase points.  Point purchases may be subject to volume and plan discounts according to your particular plan details.  All point purchases are final.  Points have no monetary value and are not redeemable for cash or money, regardless of how you acquired those points. Points are not your personal property. Your only recourse for using Points is through the system. The scope, variety and types of services that may be obtained through the system using points can change at any time.  Points can expire as set forth in your particular plan details.  As of the effective date of your cancellation or termination, you will forfeit your point balance.  

2.3 Consent

Your registration information is not automatically entered into the system’s business contact database. You may choose to enter your own business contact information into the database or another authorized member may enter information that they have about you.

Section 3 - Subscription Accounts

You must maintain an active subscription account at all times to have full access to the system.  Jigsaw offers a variety of subscription plans ("plans") at varying price and activity levels, including special promotional plans, some having minimum activity requirements or other conditions.  The different access plans are designed to accommodate a wide variety of user preferences and each plan is subject to specific Plan Details. Subscription fees and terms vary and additional conditions, restrictions and limitations may apply to each plan. 

3.1 Plan Details

To view your particular Plan Details, login and click on the "My Account" link from  the "My Jigsaw" tab.  If your current plan is not satisfying your needs, you may email us at support@jigsaw.com for more information.  

3.2 Method of Payment

Payments may be made by credit card. Unless otherwise indicated in your Plan Details, your credit card will be charged on a recurring basis as long as your account remains open and active.  Your account will remain open and active until your membership is canceled, suspended or terminated. You authorize JIGSAW to charge your credit card for your recurring subscription fee payments as applicable based upon your Plan Details.  Jigsaw is permitted to bill you as described in you Plan Details, including any applicable tax and any other charges you may incur in connection with your use of the system. Additional charges may include individual point purchases and other requested data services.  

3.3 Your Credit Card Information

You are required to provide all information necessary to open and maintain your subscription account.  For security purposes, certain plans may require that you to enter and maintain valid credit card information regardless of any applicable payment options. You authorize JIGSAW to share information as is necessary to process your payments. JIGSAW will use commercially reasonable business practices to secure your credit card information.

You may change your credit card information at any time from the "My Account" area. You shall keep your credit card information up-to-date at all times. You must promptly notify JIGSAW of credit card loss, theft or unauthorized usage. Unless you provide such notice, you agree to pay all fees and remain liable for unauthorized usage of the system.

Section 4 - License & Use

You are granted a license to access the system subject to this contract and all existing rights, restrictions and limitations. Your license is individual, personal, limited, restricted, non-exclusive, non-transferable, non-sub licensable, revocable, and terminable. Your license is limited to one authorized user per account.

You certify, represent, warrant and agree that you shall use the system and all information made available through the system for legal and legitimate business purposes and in a manner that complies with all applicable local, state, national and international laws, regulations or conventions at all times.

Section 5 - Intellectual Property and Proprietary Rights

The system and the information made available through the system are subject to copyright, trademark, intellectual property, trade secret and other proprietary rights and their use by you beyond the terms of this contract is strictly prohibited without prior express written authorization. All rights are reserved.

You shall not copy, reproduce, duplicate, publish, display, transmit, distribute, give, sell, trade, resell, market, offer for sale, distribute, modify, create derivative works or otherwise exploit for valuable consideration any information made available through the system without the express written consent of JIGSAW.

JIGSAW respects the intellectual property and proprietary rights of others. To reach our representative for notice of claims of copyright infringement or other similar claims, please email us at support@jigsaw.com.

Section 6 - Cancellation

You may cancel your subscription account at any time and for any reason.

WHEN YOU CANCEL YOUR ACCOUNT, YOU WILL NOT RECEIVE ANY REFUND OF YOUR SUBSCRIPTION FEE. WHERE APPLICABLE AND UNLESS OTHERWISE SET FORTH IN YOUR SPECIFIC PLAN DETAILS, YOUR ACCOUNT WILL REMAIN ACTIVE UNTIL THE END OF YOUR CURRENT SUBSCRIPTION TERM UNLESS OTHERWISE TERMINATED BY JIGSAW. SUBSCRIPTION FEES WILL NOT BE PRORATED OR REFUNDED FOR PARTIAL-MONTH USAGE. SUBSCRIPTION FEES CHARGED TO YOUR ACCOUNT AFTER RECEIPT OF YOUR CANCELLATION WILL BE REFUNDED.  YOU WILL FORFEIT YOUR ACCUMULATED CONTACTS, POINTS, AND RATING UPON THE EFFECTIVE DATE OF YOUR CANCELLATION.

Section 7 - Termination

JIGSAW may suspend or terminate your account at any time, for any reason and without prior notice. Suspected system misuse will result in your immediate termination. You will no longer have access to the system. You will forfeit your accumulated contacts, points, and rating upon termination. YOUR SUBSCRIPTION FEE WILL NOT BE REFUNDED OR PRORATED FOR PARTIAL-MONTH USAGE FOLLOWING TERMINATION.

Section 8 - Code of Conduct

This section sets forth the JIGSAW Code of Conduct (‘Code’). All members and visitors MUST fully comply with this Code at all times. You certify, represent and warrant that you will not violate this Code.

8.1 Inputting Information

You shall not enter illegal or improper information into the system, including, without limitation, the following:

• Information that is false, inaccurate, incorrect, incomplete, inexact, outdated or otherwise wrong;
• Information subject to confidentiality, non-disclosure, non-competition, trade secret or proprietary rights, limitations or restrictions;
• Information that infringes the copyrights or intellectual property rights of others;
• Information that is personal or non-business related;
• Mobile or cellular telephone numbers;
• Information that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory or racially, ethnically or otherwise objectionable;
• Information that is defamatory, libelous or invasive of privacy or publicity rights of others;
• Information that is actionable or may subject JIGSAW to legal action or liability of any kind;
• Information that violates any applicable local, state, national or international law, regulation, or convention.

8.2 Use of the System

JIGSAW has no actual control over your use of information outside the system. You shall not use the system or information made available through the system for any purposes or in any manner that is illegal or improper, including, without limitation, the following:

• For any purpose, activity or in any manner that is criminal, illegal or actionable;
• In violation of any local, state, national or international laws, regulations or conventions;
• To illegally ‘spam’ anyone or to sell, give, make available or otherwise distribute information to a spammer or for the purpose of spamming;
• For unethical marketing activities;
• To associate, attribute, collect, store, distribute or otherwise process any non-business information related to anyone;
• To communicate with anyone using language or in any manner that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory, or racially, ethnically or otherwise objectionable.

8.3 Acts against the System

You shall not attempt to or engage in potentially harmful acts that are directed against the system including, without limitation, the following:

• Failing to maintain an acceptable member rating;
• Causing, allowing or assisting any other person to use your account or impersonate you;
• Forging screen names, manipulating identifiers or otherwise impersonating any other person for any reason;
• Emulating or faking usage of the system;
• Falsely stating or otherwise misrepresenting your affiliation with any person or entity;
• Introducing viruses, worms, software, Trojan horses or other similar harmful code into the system;
• Causing, allowing or assisting machines, bots or automated services to access or use the system without the express written permission of JIGSAW;
• Tampering with the operation, functionality or the security of the system;
• Attempting to override or circumvent any security or usage rules embedded into the system that permit digital materials to be protected;
• Misusing, tricking, disrupting or otherwise interfering with the system.

8.4 Suspected Misuse and Penalties

JIGSAW shall be the sole and final arbiter of suspected Code violations, misuse and penalty. Suspected violations may result in penalties for misuse including, without limitation, one or more of the following:

• Assessment of penalty points to your account;
• Suspension;
• Termination;
• Personal identification;
• Legal action.

JIGSAW reserves the right to seek civil, criminal or injunctive relief, at its sole discretion and without obligation, to enforce this code.

Section 9 - Legal Notices

9.1 Interruption and Errors

JIGSAW does not guarantee that the system will be uninterrupted or error-free. JIGSAW may modify, amend, adapt, supplement, suspend, discontinue, terminate or make other similar changes, temporarily or permanently, to the system, or any portion thereof, at its discretion, with or without notice.

The system may be interrupted, delayed or unavailable for your access from time to time for reasons including, but not limited to, the following: routine data compilation, service and maintenance; attacks, interference or interruption by the acts of third parties; earthquake, flood, fire, storm or other natural disaster; war, terrorism, armed conflict; labor strike, lockout or boycott; power failure or blackout; or other unforeseen or unavoidable events. JIGSAW shall not be liable to you or to any third party for routine, unforeseen or unavoidable interruption, delay or unavailability.

9.2 Securing Member Information

JIGSAW uses commercially reasonable business practices to secure its system. JIGSAW does not guarantee the security of information and shall not be responsible for infiltration, provided that commercially reasonable practices have been used.

9.3 Reliance and Assumption of Risk

Use of the system is at your sole discretion and risk. You have independently evaluated the desirability of using the system. You are not relying on any representation, guarantee, or statement other than this contract. You shall not rely on the accuracy, completeness, usefulness or legality of the system or any information made available through the system at any time. You shall bear all risks of and are solely responsible for your use of the system and all information made available to you through the system.

9.4 Disclaimer of Warranties

JIGSAW MAKES NO REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, RELATED TO THE SYSTEM, THE INFORMATION MADE AVAILABLE THROUGH THE SYSTEM OR THEIR RESPECTIVE USES. THE SYSTEM AND THE INFORMATION MADE AVAILABLE THROUGH THE SYSTEM MAY CONTAIN ERRORS AND/OR BUGS AND MAY PRODUCE UNEXPECTED RESULTS. THE SYSTEM AND THE INFORMATION MADE AVAILABLE THROUGH THE SYSTEM ARE PROVIDED ‘AS IS.’

ANY AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

9.5 Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT JIGSAW SHALL NOT BE LIABLE FOR ANY GENERAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, INFORMATION, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES) WHATSOEVER ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SYSTEM, INCLUDING THE CONDUCT OF ANY THIRD PARTY, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT JIGSAW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. APPLICABLE LAW MAY NOT ALLOW LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Your exclusive remedy for any claim shall be limited to the subscription fee paid by you for the subscription term during which the event giving rise to the claim occurred or U.S. $25.00, whichever is greater. In no event shall liability to you exceed the amount paid by you for your subscription fee. The limitations, exclusions and disclaimers set for above shall apply and be enforceable to the maximum extent allowed by applicable law, even if any remedy fails its essential purpose.

9.6 Indemnification

You agree to indemnify, defend, and hold JIGSAW harmless against any loss, damage, cost, allegation, liability, expense, claim or demand, including court costs and reasonable fees for attorneys or other professionals, made by any third party resulting from your use of the system or information made available through the system.

9.7 Legal Inquiries and Requests

In response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, you agree and authorize JIGSAW to disclose information about you without a subpoena.

JIGSAW, at its sole discretion, may assist third parties to protect their rights in the event that illegal or improper information is entered into or made available through the system or information made available through the system is used for illegal or improper purposes. JIGSAW may disclose information about you as required by law or to comply with legal process, to report suspected illegal activities or to protect the rights, property or interests of JIGSAW. JIGSAW reserves the right and discretion, without obligation, to enforce this contract by any appropriate legal means available.

9.8 Choice of Law, Jurisdiction, Forum and Remedies

This contract shall be governed by California law, regardless of the choice of law rules of any jurisdiction.

9.9 Changes to this Agreement

JIGSAW may change this contract at any time. Changes to this contract will be prominently posted to the system.  The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" link located at the bottom of the pages on Jigsaw.com. The most current version of the Terms of Use will supersede all previous versions. Changes shall take effect, unless otherwise indicated, thirty (30) after posting.  If you do not agree with any changes, you have the option of canceling your subscription prior to the changes taking effect.  Your use of the system or continued use of the system after changes take effect means that you agree to be bound by such changes.

Section 10 - Miscellaneous Terms

10.1 Third Party Links

Our system contains links to other sites. JIGSAW does not control or endorse those sites by linking to them. You are solely responsible for your use of those sites.

10.3 No Third Party Beneficiary

This contract is only for the benefit of you and JIGSAW. No third party has any right, claim or interest under this contract as a third party beneficiary.

10.4 Assignment

You may not assign or transfer your rights or obligations under this contract.

10.5 Waiver

Delay or failure to enforce any terms of this contract is not a waiver of such terms.

10.6 Entire Contract

These terms, together with all applicable Plan Details, form the entire agreement between you and JIGSAW and supersede all related communications and prevails over any other provisions relating to its subject matter.

10.7 Severability of Terms

If any terms of this contract are found to be unenforceable, all remaining terms shall continue in full force and effect as allowed by law.

10.8 Headings

Headings are used for convenience and are not to be used for meaning or intent.

10.9 Correspondence and Notices

All notices required by this agreement may be sent by email to support@jigsaw.com or by registered mail to:

Notices are effective upon receipt.

I HAVE READ THIS CONTRACT. I UNDERSTAND, ACKNOWLEDGE AND ACCEPT ITS TERMS. I CONSENT AND AGREE TO BE HELD TO THESE TERMS.