Terms & Conditions
Effective as of February 1, 2020
Updated as of August 18, 2022
Agreement between user and JackrabbitTech.com
Welcome to JackrabbitTech.com. The Jackrabbit Technologies website (the “Site”) is comprised of various web pages operated by Jackrabbit Technologies, Inc. (“Jackrabbit”). The below terms and conditions apply to http://www.jackrabbittech.com/.
Please read these terms carefully, and keep a copy of them for your reference.
JackrabbitTech.com is an E-commerce Site
We provide Business and Class Management Software to Schools and Youth Activity Centers.
Visiting JackrabbitTech.com or sending emails to Jackrabbit constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password, whether or not you have authorized such activities or actions. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Jackrabbit is not responsible for third party access to your account that results from theft or misappropriation of your account. Jackrabbit and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Jackrabbit does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files. If you are under 18, you may use JackrabbitTech.com only with permission and under the supervision of a parent or guardian who agrees to be bound by these Terms.
You may cancel your subscription at any time. Please email firstname.lastname@example.org before the first of the month to avoid being charged that month’s service fee. Cancelled accounts will remain active until the start of the next billing period (1st of month) following the date of cancellation.
Links to third party sites/Third party services
JackrabbitTech.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Jackrabbit and Jackrabbit is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Jackrabbit is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Jackrabbit of the site or any association with its operators. We do not endorse any of such products or services, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party websites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such websites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. In addition, we disclaim all warranties express or implied, as to the accuracy, legality, reliability or validity of any content on any such website, or that such website will be free from viruses or other harmful elements.
Certain services made available via JackrabbitTech.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the JackrabbitTech.com domain, you hereby acknowledge and consent that Jackrabbit may share such information and data with any third party with whom Jackrabbit has a contractual relationship to provide the requested product, service or functionality on behalf of JackrabbitTech.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Jackrabbit or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Jackrabbit content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Jackrabbit and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Jackrabbit or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain and or facilitate messaging and communication services including but not limited to email, texts, web pages, alerts or notifications, calendars, file uploads, print and/or other messaging or communication facilities designed to enable you to communicate and share both system and user-generated content and information with your customers and the public at large (collectively, “Communications Services”) you agree to use the Communication Services only to post, send and receive messages, content and material that are proper, lawful and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- upload files that contain software, audio, video, images, information or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
- upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- advertise or offer to sell or buy any goods or services for any non-business-related purpose, unless such Communication Service specifically allows such messages;
- Conduct or forward spam, contests, pyramid schemes or chain letters;
- download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services;
- request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you;
- interfere with or disrupt the Communication Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Communication Service, without express written consent or authorization to do so; pretend to be anyone, or any entity, you are not;
- violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
- harvest or otherwise collect information about others, including names, e-mail addresses, without their consent;
- violate any applicable laws, statutes, ordinances, treaties, contracts or regulations.
Jackrabbit has no obligation to monitor the Communication Services. However, Jackrabbit reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Jackrabbit reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Jackrabbit reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Jackrabbit’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Jackrabbit does not control or endorse the content, messages or information found in any Communication Service and, therefore, Jackrabbit specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Jackrabbit spokespersons, and their views do not necessarily reflect those of Jackrabbit.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to JackrabbitTech.com or Posted on Any Jackrabbit Web Page
Jackrabbit does not claim ownership of the materials you provide to JackrabbitTech.com (including feedback and suggestions) or post, upload, input or submit to any Jackrabbit Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Jackrabbit, our affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission
No compensation will be paid with respect to the use of your Submission, as provided herein. Jackrabbit is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Jackrabbit’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by Jackrabbit from our offices within the USA. If you are using the Sites or accessing the Sites from outside of the United States, your information may be transferred to, stored, and processed in the United States where our servers may be located. We will implement safeguards to ensure an appropriate level of data protection for your information.
You agree to indemnify, defend and hold harmless Jackrabbit, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Jackrabbit reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Jackrabbit in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JACKRABBIT TECHNOLOGIES, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
JACKRABBIT TECHNOLOGIES, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. JACKRABBIT TECHNOLOGIES, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Jackrabbit reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Jackrabbit as a result of this agreement or use of the Site. Jackrabbit’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Jackrabbit’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Jackrabbit with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Jackrabbit with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Jackrabbit with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Governing Law and Jurisdiction
Use of the Sites shall in all respects be governed by the laws of the State of North Carolina, U.S., without regard to its conflicts of law principles. The parties agree that the courts located in North Carolina, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts and waive any and all objections to such jurisdiction and revenue, including, without limitation, forum non-conveniens.
Changes to Terms
Jackrabbit reserves the right, in its sole discretion, to change the Terms under which JackrabbitTech.com is offered. The most current version of the Terms will supersede all previous versions. Jackrabbit encourages you to periodically review the Terms to stay informed of our updates.
Jackrabbit welcomes your questions or comments regarding the Terms:
Effective as of February 1, 2020
Updated as of August 18, 2022