Last updated: December 17, 2020
Please read this End-User License Agreement carefully before clicking the "I Agree" button or using Jubilant Reader.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of this End-User License Agreement:
Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.
Application means the software program named Jubilant Reader.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Jubilant Applications LLC.
Content refers to content such as text, images, audio recordings, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Country refers to: Texas, United States
Device means any device that can access the Application such as a computer, a cellphone or a digital tablet.
Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.
You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.
By clicking the "I Agree" button and using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not use the Application.
This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.
The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
The Application is provided to you on a subscription basis. The price of the subscription is subject to change. Notice will be provided prior to increases in the subscription price. If you do not accept the new price, you may cancel your subscription prior to the price increase going into effect.
You agree that neither You nor any member of your household is an employee, director, owner, contractor, or any other agent for any company, organization, or individual that produces, develops, funds, owns, sells, or licenses competing educational software products. Such a relationship between You or anyone in your household would create a conflict of interest. Anyone with a conflict of interest may not use the Application.
Provided You do not have any conflicts of interest, the Company grants You a revocable, non-exclusive, non-transferable, limited license to use the Application strictly in accordance with the terms of this Agreement.
The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
You agree not to, and You will not permit others to:
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company.
The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights.
Any feedback, comments, ideas, improvements or suggestions provided by You to the Company with respect to the Application shall remain the sole and exclusive property of the Company. The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.
The Company may from time to time provide enhancements or improvements to the features and functionality of the Application, which may include patches, bug fixes, updates, upgrades, and other modifications. Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to provide any Updates, or to continue to provide or enable any particular features and/or functionalities of the Application to You. You further agree that all updates or any other modifications will be deemed to constitute an integral part of the Application, and will be subject to the terms and conditions of this Agreement.
The Company makes reasonable efforts to ensure that the Application functions properly on many platforms and devices. However, the Company cannot guarantee that the Application will function properly on all platforms or on all devices, especially platforms and devices that are old, are no longer supported by their manufacturer, or are uncommon. Any maintenance or support provide to You by the Company will be strictly at the discretion of the Company.
The Company collects, stores, and maintains information about You such as your name and email address. This information is used by the Application and the Company to identify You and to communicate information to You relevant to the usage of the Application. By accepting this Agreement, You acknowledge that You hereby agree and consent to the Company's collection and use of this information for any purposes needed to support the Application.
The Company does not sell your information to Third-Parties. Third-Party applications, hardware, and services may be used to help manage and store this information such as database and website servers hosted by Third-Parties. By accepting this Agreement, You acknowledge that You hereby agree that the Company and any Third-Parties that may be used by the Company will not be held responsible for any incident in which your information is stolen or is made public.
The Application uses cookies to store key information needed to identify You while you are using the Application. By accepting this Agreement, You acknowledge that You hereby agree and consent to our use of cookies.
The Company will communicate with You by email regarding the Application. By accepting this Agreement, You acknowledge that You hereby agree and consent to the Company sending emails to You regarding the Application and your usage of the Application.
This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by no longer using the Application.
Upon termination of this Agreement, You shall cease all use of the Application and delete any information that is part of the Application from your Device.
Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this Agreement shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for access to the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
The Company does not make any warranties concerning the Application. Because of profound differences between individuals, The Company cannot guarantee that The Application will help You. Please consult a qualified advisor before using The Application.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.
By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.
The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase.
If you have any questions about this Agreement, You can contact us by email at contact@jubilant-reader.com