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Terms of Service
BY ACCESSING THE SERVICES OR CREATING AN ACCOUNT, YOU AGREE THAT YOU HAVE READ THE TERMS OF SERVICE AND UNDERSTAND THAT THE TERMS OF SERVICE ARE A LEGAL AGREEMENT BETWEEN YOU AND JUMPCLOUD.
These Terms of Service (the “Terms”) apply when you access or use any the JumpCloud Community website or other Community-related products or services (collectively, the “Services”). These Terms do not affect or supersede any other agreement you may have with JumpCloud for other products or services. If you are using the Services on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on behalf of such entity. The Services may be provided by JumpCloud Inc. (“JumpCloud”, “we”, “us” or “our”) or its third-party service providers and may include proprietary and open-source software products. Subject to the Terms, JumpCloud reserves the right to modify or delete content in the Services and to modify, suspend or discontinue the Services or any portion, features, or functionality of the Services at any time without notice and without liability to you.
User Content
The Services may include discussion forums, blogs, articles, links, messaging systems, emails and/or other features where users can receive, share, create, post, submit, or otherwise transmit content. Content that you or other may submit includes without limitation text, sound, photos, images, video, graphics, code, and other materials (collectively, “User Content”). Your User Content is publicly viewable and you are solely responsible and accept all risks for your User Content and your use of the Services.
You agree to comply with the Community Guidelines and further represent and warrant that you will not, and will not allow or authorize any third parties to, post, upload to, transmit, distribute, store, create, solicit, disclose or otherwise publish through the Services any materials that:
You will not, and will not allow or authorize any third party to:
We have no obligation to review, edit, or remove any User Content but may, in our sole discretion, review, remove, or edit any User Content posted or stored on the Services at any time and for any reason without notice. You are solely responsible for your User Content and for creating backup copies of Use Content at your sole cost and expense. JumpCloud is not responsible and has no liability for user conduct or User Content and for any loss, damage, or injury related to user conduct or User Content.
Rights in User Content
You hereby grant to JumpCloud a nonexclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content. You also grant JumpCloud the right to use your username and other information you submit in connection with your User Content. Use of your username or likeness does not imply any endorsement unless explicitly stated otherwise.
You hereby represent and warrant that your User Content: (i) is non-confidential; (ii) is owned and controlled by you or you otherwise have all necessary rights and consents to post the User Content; (iii) is true and accurate and not misleading or harmful in any manner; and (iv) does not and will not violate these Terms, any third party’s rights, or any applicable laws.
Feedback
You understand and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding the Services or JumpCloud that you communicate to JumpCloud, whether by email, postings on the Services or otherwise, are non-confidential and will become the sole property of JumpCloud (the “Feedback”). JumpCloud will own exclusive rights, including all intellectual property rights and will be entitled to the unrestricted use of Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You acknowledge that you are not entitled to compensation or reimbursement from JumpCloud of any kind in connection with Feedback.
Eligibility; Account Security
You represent and warrant that all of your account information is true, accurate, and complete. You must be at least 13 years of age to access the Services or create an account, Children between the ages of 13 and 18 must be registered by their parent or guardian to create an account. By accessing the Services or creating an account yourself, you represent and warrant that you are 18 years of age or older.
You agree to maintain the security of your account and password. To the extent permitted by law, you accept all responsibility for your account and all liability for any unauthorized access to your registration and account information and any other information you provide to JumpCloud. Any breach or suspected breach of any of the above representations or warranties may result in immediate termination of your account or suspension of your account. If you submit your email address to JumpCloud, you further represent and warrant that access to such email address (whether a business or personal email address) is not shared with any other individuals and that you take reasonable measures to maintain the security of such email address and its password.
Updates to Terms
JumpCloud reserves the right to modify these Terms and any related policies or guidelines in connection with the Services at any time and without liability to you. To the extent permitted by law, any such modifications will be effective immediately upon being published and/or communicated to you. Your use of the Services following the modification of the Terms constitutes your acceptance to such modifications. You should regularly review these Terms and all applicable policies or guidelines. If you do not agree to any modifications to these Terms or to any applicable policies or guidelines on the Services, you must stop using the Services.
Privacy
Please read our Privacy Policy for details on our privacy practices. If you are a resident of any country outside the United States, you understand and agree that we will store and process your personal information in the United States, and that by providing any information to us, you consent to the transfer of such information to the United States.
Intellectual Property
The Services and all materials on the Services, including without limitation JumpCloud’s name, logo, and all designs, text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software and the selection and arrangement thereof are JumpCloud’s property or are reserved by third parties and are protected by United States and/or international copyright laws. JumpCloud and JumpCloud’s slogans, graphics, logos, page headers, button icons and scripts contained in the Services, except as otherwise noted, are trademarks or trade dress of JumpCloud and may not be used in connection with any product or service that is not expressly and previously authorized by JumpCloud. JumpCloud’s name, marks, and property may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits JumpCloud. You are not permitted to copy, modify, display, license, create derivative works of, or otherwise exploit JumpCloud’s property. All rights not expressly granted to you under these Terms are reserved by JumpCloud, its partners, and third-party service providers.
Limited License
JumpCloud grants you a limited, non-sublicensable, non-exclusive, and revocable license to access the Services solely in accordance with, and subject to, these Terms and any other of our policies as posted on the Services. You may not use the Services other than as expressly permitted herein.
Third-Party Content
The Services may include or link to products, web pages, websites, and other materials of third parties (“Third-Party Content”). Jumpcloud does not endorse, approve, or control Third-Party Content. We do not accept any responsibility for Third-Party Content or any aspect thereof. You may use Third-Party Content at your own risk. When you visit a third party’s website or channels, these Terms no longer apply and you should review the third party’s applicable terms and policies, including privacy and data gathering practices.
DISCLAIMER OF WARRANTIES
ALL ASPECTS OF THE SERVICES AND MATERIALS IN THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. TO THE EXTENT PERMITTED BY APPLICABLE LAW, JUMPCLOUD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT IN THE SERVICES ALL MATERIALS CONTAINED THEREIN. JUMPCLOUD DOES NOT WARRANT THAT THE SERVICES OR ANYTHING MADE AVAILABLE THROUGH THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, SECURE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
LIMITATION ON LIABILITY
IN NO EVENT WILL JUMPCLOUD OR ITS DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF JUMPCLOUD IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL JUMPCLOUD’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS EXCEED THE GREATER OF (I) {0}00.00 and (II) THE SUMS YOU PAY, IF ANY, TO JUMPCLOUD FOR ACCESS TO OR USE OF THE SERVICES. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.
THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification + Release
You will indemnify, defend and hold harmless JumpCloud and its investors, officers, directors, affiliates, subsidiaries, licensors, partners, licensees, contractors, suppliers, agents, and employees (collectively, the “Indemnified Parties”) from and against any and all claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including without limitation reasonable attorney fees and arising from or in connection with any third-party claim, action, or proceeding against any of the Indemnified Parties based on: (i) your use of the Services; (ii) your violation of law or the rights of any third party; (iii) your breach of the Terms; (iv) any UGC you submit or link from the Services; or (v) your disclosure, solicitation or use of any personal information.
Electronic Communications
JumpCloud will electronically deliver all communications with you, via email or by notice on the Services. You agree to receive all notices, disclosures, communications, and information electronically, and that such electronic delivery satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day of receipt as evidenced by such email. Additionally, to the extent permitted by applicable law, you understand and agree that JumpCloud may contact you via email or otherwise with information relevant to your use of the Community or Services. You may opt-out of certain email communications via the relevant link provided in such email communications.
Copyright Infringement
If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a written notification of such infringement with our Designated Agent. In accordance with the Digital Millennium Copyright Act, your written notification must include:
Please send your written notification as set out below:
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, JumpCloud may terminate or suspend accounts and account holders deemed to be infringing third-party rights.
Termination
Notwithstanding anything to the contrary in the Terms, we reserve the right, without notice and without liability to you to terminate any your right to use the Services or any portion thereof and to block or prevent your access to and use of the Services for any or no reason.
Miscellaneous
These Terms constitute the entire agreement between you and JumpCloud regarding the use of the Services. JumpCloud’s failure to exercise or enforce any right or provision of the Terms will not operate as a waiver of such right or provision. These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Colorado without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state and federal courts located in Louisville, Colorado. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms. None of your rights or duties under these Terms may be transferred, assigned, or delegated by you without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign, or delegate our rights and duties under these Terms. Subject to the foregoing, these Terms will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors, and permitted assigns. If any provision of these Terms is found invalid, illegal, or incapable of being enforced, such provision is deemed severable and all other provisions of these Terms will remain in full force and effect. The headings of the sections of these Terms are for convenience of reference only and are not intended to restrict, affect, or be of any weight in the interpretation or construction of the provisions of such sections.
Last Updated: 5.10.22
