Thursday, February 14, 2013

About...Contact...And, because we are all lawyers...a disclaimer and terms of use




About...

JuryStrike is the creation of Jennifer Auer Jordan, a trial attorney who practices primarily in Atlanta. Jennifer is the principal of The Jordan Firm a law firm that focuses on complex civil litigation and whistleblower actions, representing individuals and small businesses who have been hurt by the negligence or recklessness of others. Her work in the courtroom has resulted in impressive verdicts and settlements, including a multi-million dollar award to Georgia consumers victimized by unfair lending practices. She was named to Georgia Trend's "40 Under 40" list that recognizes Georgians under 40 who the magazine believes will lead the State into the future. She has also been recognized by her peers as one of the State's "Legal Elite" in the area of trial practice.


Contact...

If you have any questions or comments about the app, just email Jennifer at jennifer@thejordanfirm.com. If you want more information on The Jordan Firm, visit www.thejordanfirm.com.

Terms and Conditions of Use...

Purchase and use of the Jury Strike application (the “App”) is governed by these Terms and Conditions of Use (the “Terms”). Jennifer A. Jordan, LLC (“JAJ”) is willing to grant the purchaser (“You”) a limited license to download, install and operate the App on the condition that You accept and agree to be bound by these Terms. If You do not, please do not purchase, download or use the App. By purchasing, downloading, or using the App, You acknowledge that You have read, understand and agree to be bound by these Terms, which become effective immediately upon Your downloading or otherwise accessing the App. You acknowledge and agree that JAJ may revise these Terms at any time without notice to You, and, by continuing to use the App, You agree to be bound by any such revisions.
Restrictions on Use.  JAJ grants You a personal, non-exclusive, non-transferable, non-sublicensable license to install and operate the App on a single mobile device owned or controlled by You only for Your use. You may not (i) modify, reproduce, alter, or create derivative works from the App, (ii) sell, distribute, lease, rent or loan or in any manner transfer the App to any third party, (iii) reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the App, (iv) enter into or transmit via the App any unlawful, fraudulent, harassing, libelous, or obscene information, or (v) violate any laws or regulations applicable to You or Your usage of the App.
Intellectual Property. The license granted herein does not give You any ownership interest in the App, in any intellectual property rights therein, or any proprietary information of JAJ or its licensors. You acknowledge and agree that JAJ and its licensors retains all right, title and interest, including, without limitation all intellectual property rights in and to the App and the underlying software, and any additions, improvements, updates and modifications thereto. The logos and product names used in connection with the App are protected intellectual property of JAJ and no right or license is granted to You to use them separate from Your right to use the App. You retain all ownership rights and all responsibility for any information that You enter into the App (“User Information”).
Use of the App. You understand and agree that: (i) Your use of the App is at Your own risk; (ii) You are solely responsible for Your use of the App and for any decisions You make or advice You give as a result of Your use of the App; (iii) Purchase or use of the App does not create an attorney-client relationship between You and JAJ; (iv)    Use of the App is not intended nor shall it be construed as legal advice, nor is it a substitute for competent legal advice or intended to overrule the judgment of an attorney; (v) Use of the App requires a number of third party services that were not developed or are not operated by JAJ, and JAJ cannot assure You that these third party services will function properly at all times; (vi) You are solely responsible for any and all costs You incur with Your Internet and/or wireless service provider and any other third parties as a result of Your use of the App; (vii) The App may not be available on a continuous or uninterrupted basis and may be inaccessible or inoperable for any reason, including, but not limited to, equipment or software malfunctions, Internet or wireless service interruptions, or other causes beyond the control of JAJ; (viii) JAJ may, but is not obligated to, make any updates, corrections or modifications to the App; (ix) The Purchase price of the App is non-refundable and the App cannot be exchanged; (x) No guarantees, representations or warranties are made by JAJ regarding whether the App meets any or all of Your needs and requirements, or regarding the timeliness, reliability, accuracy, or usefulness of the App; (xi) JAJ is not responsible for lapses in online security, You bear the sole responsibility for protecting any confidential User Information, and JAJ does not assume liability for improper disclosure of or use of User Information by a third party; (xii) If You are purchasing the App on behalf of an entity, You have the authority to bind such entity to these Terms; (xiii) In a court proceeding You may only be awarded the damages which are permitted in this Agreement subject to any disclaimers of damages, liability limits, and indemnification obligations set forth herein, (xiv) JAJ does not collect any information about You whatsoever, nor does it have any access to any User Information.
Disclaimer of Warranties.  THE APP IS PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED. JAJ DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JAJ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE APP, THE USE, ACCURACY, COMPLETENESS, OR RELIABILITY OF THE APP, OR ITS CONTENT, INCLUDING TEXT AND GRAPHICS OF THE APP. JAJ DOES NOT WARRANT THAT THE APP WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES. JAJ DOES NOT WARRANT THAT THE APP WILL OPERATE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE APP WILL BE CORRECTED. IN THE EVENT ANY APPLICABLE LAWS DO NOT ALLOW THE LIMITATIONS ON IMPLIED WARRANTIES SET FORTH ABOVE, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT BE APPLICABLE.
Indemnification.You agree to defend, indemnify and hold JAJ, its affiliates and their respective managers, members, shareholders, officers, directors, employees, representatives, agents, partners and licensors (the “Indemnified Parties”) harmless from and against any and all claims, liabilities, loss, expense, damage and costs, including reasonable attorneys’ fees, incurred by any Indemnified Party in connection with any claim by third parties against any Indemnified Party (i) arising out any use of the App by You or on Your behalf, (ii) arising out of Your violation of these Terms, or (iii) relating to User Information. JAJ reserves the right to assume the exclusive defense of any claim, action or other matter for which You are required to indemnify an Indemnified Party, and all settlement negotiations thereof, and You agree to fully cooperate with any Indemnified Party in the defense of any such claim, action, or settlement negotiations.
Limitation of Liability. The Indemnified Parties’ total cumulative liability for any and all damages and liabilities arising out of or related to Your use of the App will be limited to the price You paid for the App. Under no circumstances shall any Indemnified Party be liable to You (i) for an amount of damages in excess of the sum of the fee paid by You for the App, (ii) for special, incidental, punitive, exemplary, consequential, or indirect damages, loss of good will or business profits, work stoppage, data loss, computer failure or malfunction, or (iii) injuries or damages of any nature, resulting from the loss of User Information, inability of You to access or use the App, or inability to transmit or receive information.
Miscellaneous. These Terms govern all use of the App. If any provision of these Terms is held by a court to be unenforceable, such provision shall be modified, to the extent required by law to render it valid, legal and enforceable, and consistent, as nearly as possible, with the intent of these Terms, and, such invalidity, illegality or unenforceability shall not render invalid, illegal or unenforceable the remaining provisions of these Terms. The provisions in these Terms regarding limits on liability, warranties, intellectual property, indemnification, governing law, jurisdiction, venue and Your other responsibilities shall remain in effect indefinitely notwithstanding Your ceasing to use the App. The construction and interpretation of these Terms shall be controlled by the laws of the State of Georgia.